


m^.: 



% 






•^.^, 



A^^'' "^. 



-i ^ 



.0 


0^ 






^^ 


'^^.- . 
%' 


'-'^viM-^\'f 




. ^^ ^. 


* J . « 


v^" 






% 




'if, 




> 

\ 1 






-■^^ - 






"^^ 








N° 









:li- 



o^ -nt 



^^. ^x 



00^ 



-^A v^ 



.5 -^^^ 









s^"^ •<> 









.0 o 



."^ 






,A^^' ^-^ 



^- '-r-. 



"^^ v^ 



S^\.^'.. 






.^"^ 






•71. 



V> ^^"', 



x^^\ 












-^o 






•J* 



.^^' - 



^0 0. 









-^^ V^^ 
x^^^. 






V' 






x^^ 


ri' 






. « , ■'-^- 


* , 






^C^^ '' 


■>* 








•%• 


^'^" 




:■ * 


^*^' 


<>- 






,^^' 



^0^ 



.0 O. 






A SKETCH 



HISTOM OF SOUTH CAROLINA 



•2. ^""^ 



TO THE CLOSE OF THE 



PEOPEIETARY GOVERNMENT 



BY THE REVOLUTION OF 1719. 




.n, .'* \ WITH 



AN APPENDIX 

CONTAINING MANY VALUABLE RECORDS HITHERTO UNPUBLISHED. 



CHAELESTON: 

McC AETEE & CO. 
1 S5G. 



Entered according to Act of Congress, in the year One thousand eight 
hundred and fifty-six, by 

McCARTER & CO., 

In the Clerk's Office of the District Court of South Carolina. 



.9 ^-^'^ 



PREFACE. 



The writer of the present volume liaving been requested 
to prepare a History of South Carolina for the use of 
schools, entered upon the task, thinking it one of little diflS.- 
culty. But he soon found that with respect to all the early 
period of our history, recourse must be had to original 
investigations. The materials collected in this research 
seemed too valuable to be lost ; and it has been determined 
to issue the greater part of them as an Appendix, and to 
limit the extent of the volume (without an intention of 
proceeding farther) to the close of the Eevolution of 1719, 
by which the colonial government was changed from the 
lords proprietors to the king. 

The first six chapters and a portion of the seventh having 
been already composed simply with the view of preparing 
a text-book, nothing more is claimed for this volume than 
the fact that it casts some light upon the obscure and 
neglected period of which it treats. 

The Grand Council from its various functions was, for a 
long time, the most important body in the government ; yet 
we have their Eecords or Journals for about two years 
only of the fifty embraced in this History. On which ac- 
count considerable space has been given in the Appendix 

(3) 



4 PREFACE. 

to materials relating to tlie earliest years of tlie English 

colonization. 

The author has a summary of most of the papers in the 
State Paper Office of London, explaining the Letters, Instruc- 
tions, &c., mentioned in the "List," and extending to 1776; 
but withholds it chiefly because, at his suggestion, the South 
Carolina Historical Society, lately established, is now re- 
ceiving a more complete Index of a part of these papers; 
which it is hoped they will be induced soon to publish, 
together with other most important records of later periods 
of our history. For a full elucidation of these periods in 
particular, a general interest has been awakened by recent 
events. But such an elucidation of any period, it should 
be remembered, depends upon the accumulation of authentic 
materials; and we should all esteem it a privilege to con- 
tribute, in however small a degree, to the accomplishment 
of so desirable a result as the complete and truthful history 

of our State. 

WM. JAS. RIVERS. 

Charleston, July, 1856. 



CONTENTS. 



CHAPTEK I. 

Discoveries in the Fifteenth Century — Yoyages to North America 
— Visits to the Coast of South Carolina — Vasquez de Aylloa 
— His First and Second Voyage — Verrazzano — Eibault — Charles 
Fort — Condition of the Garrison — Charles Fort abandoned by 
the French — Their subsequent establishment in Florida 11 

CHAPTER II. 

The Indians who inhabited South Carolina — Their Numbers and 
Situation — Remnants of Tribes — Migrations — ^Towns — Grovern- 
meut — Religion — Domestic condition — Intercourse and Alliances 
— Trade with the Whites — Traders — Indian Warfare 33 

CHAPTER III. 

English Settlements in North America — Charles II. grants the 
.region south of Virginia to eight noblemen, in 1663 — Origin of 
the name of Carolina — The Proprietors and the Services they 
had rendered to the King — Opposition to their Claims set 
aside — Their first Efforts to form a Colony — Settlements in Al- 
bemarle and Clarendon counties — Liberal Concessions to Settlers 
— Forms of Government permitted — Policy of the Proprietors 
— The second Charter, and extension of the Carolina grant — 
Synopsis of the Charter of 1665 — The Religious Intolerance at 
that time in England, and the Religious Freedom bestowed by 
the Charter — DifTerences of the Charters of Connecticut, Rhode 

Island, and Carolina CO 

(5) 



6 CONTENTS. 

CHAPTER IV. 

The Proprietors dissatisfied with the results of their Colonial Po- 
licy — Treaty between England and Spain — A more perfect form 
of Government designed for the whole Province — The Funda- 
mental Constitutions — The Founding of a New Colony to be 
governed by these Constitutions — The Settlement directed to be 
made at Port Royal — Wm. Sayle appointed first Governor — Jos. 
West commander of the fleet — Instructions to Saj'le, West, and 
other Officers — Arrival at Port Royal' — Leave Port Royal and 
settle on Ashley River — Old Charles Town — Death of Sayle.. . . 80 

CHAPTER V. 

Joseph West administers by choice of the Council — a Parliament 
formed — Powers of the Grand Council — Condition of the Govern 
ment — Arrival of Settlers and Towns laid off" for them — Tempo- 
rary Laws and Instructions of 1671 — Instructions to Captain 
Halsted — Remarks on the Conduct of the Proprietors — War 
with the Kussocs — Acts passed by Parliament — Sir John Yea- 
mans claims the ofiBce of Governor — Denied by the Council — 
Appointed Governor by Proprietors — His Administration — In- 
troduction of Negro Slaves— The Proprietors dissatisfied with 
yeamans — Popular Disturbances — Incursion of the Spaniards — 
West appointed Governor — Prosperous Condition of the Colony 
— Popularity of Gov. West — Alteration of the Fundamental 
Constitutions of 1669 — A second Set sent out — Rejected by 
Parliament — Temporary and Agrarian Laws of 1672 — Political 
Parties begin in the Colony — Accession of Settlers — Planta- 
tion of Long Island under Governor Percival — Proprietors take 
the Indian Trade into their own hands — Cession of Land by the 
Indians — War with the Wcstoes — Removal of Charles Town to 
Oyster Point — Condition of the Colony — Policy of the Pro- 
prietors — West superseded as Governor 97 

CHAPTER VL 

Establishment of Counties and separation of Polls — Opposition to 
the Plans of the Proprietors — A Governor from abroad ap- 



CONTENTS. 7 

pointed — Sir Richard Kyrle dies — Quarry acts as Governor — 
Abuses liis Position —Joseph West again Governor — Political 
state of the Colony — Obstinacy of Proprietors — West's services 
to the Colony — Morton again Governor — Fundamental Constitu- 
tions ordered to be subscribed by members of Assembly — Refusal 
and ejectment of majority of the Members — Lord Cardross and 
his settlement at Port Royal — Expedition against St. Augustine 
— Stopped by arrival of Colleton as Governor — Disappointment 
of the people — Pirates — The extent of indulgence shown them 
of the Colonists — Opposition to the Navigation Acts — Proprie- 
tors in danger of losing their Charter— Disposition of the people 
for a Royal Government — Increased opposition to the Proprie- 
tors — Governor Colleton — Disagreements with the people — Pro- 
claims martial law — Arrival of Seth Sothell — Favored by the 
people — His action against Colleton and his party — Proprietors 
recall Sothell — Colonel Philip Ludwell appointed Governor — 
Grievances of the people unredressed — Private Instructions to 
Ludwell — Opposition of Assembly to plans of Proprietors— Dis- 
pute on Indemnity Act — Committees on grievances and framing 
a plan of Government — Proprietors become conciliatory— Their 
concessions — Fundamental Constitutions laid aside — Condition 
of the colonists unaltered 13/}. 

CHAPTER VII. 

The Rules of Government according to the Charter — Ludwell 
courts popularity — Landgrave Smith appointed in his place — 
Power of originating laws yielded to the Commons House of 
Assembly — Difficulties which discouraged the new Governor — He 
resigns, and proposes that a Proprietor should be sent over — In- 
troduction of Rice — The Huguenots of Carolina — John Arch- 
dale arrives — His Instructions and Administration — Settlement 
of Popular Grievances — His Indian policy — Leaves Joseph 
Blake governor' — The last Fundamental Constitutions — The As- 
sembly desire greater Privileges — The Proprietors and People 
at the close of the Century 167 



8 CONTENTS. 

CHAPTER YIII. 

Nicholas Trott — His Influence in the Colony — Death of Blake — 
A Faction places Moore in his place — Abuses at Election — 
Secret Expedition against St. Augustine — Queeu Anne's War- 
Failure of the Expedition— Its Results — Defection of the Assem- 
bly — Riot in Charles Town — Sir Nathaniel Johnson, Governor — 
Granville, Palatine — The Faction predominate — The Establish- 
ment of the Church of England becomes their chief object — 
Increased Abuses at Election — Complaints of the People — Mili- 
tary Condition of the Province — Moore's Expedition against the 
Apalatchee Indians — French and Spanish Invasion of Carolina 
— Repulsed — Designs of the New Party — Dissenters and Epis- 
copalians — Trickery in summoning the J^ssembly — Act passed 
excluding Dissenters — Protests of the Minoritj' — Establishment 
of Church of England — Boon sent to England by the People — 
Rejected by the Proprietors — Petitions the House, of Lords — 
Their Address to the Queen — Proceedings against the Charter — 
Colonial Acts declared null and void — Events in the Colony 
under the Disqualifying Act — A New Assembly in favor of the 
Dominant Party — The Governor's Violence 191 

CHAPTER IX. 

The Disqualifying and Church Acts repealed in the Colonj' — The 
Church Act of 1706 — Benefits derived from it — Schools and 
Education — The General Condition of the Province — Population 
— Militia — Commerce — Shipping — Manufactures — Indians — Re- 
ligious Sects — Prices of Labor — Public Expenses — Paper Cur- 
rency — Agriculture — Change in Political Parties — Trott and 
Rhett — Their unpopularity — Altercations of Governor and As- 
sembly — Death of Granville — Col. Tynte appointed Governor — 
The Assembly vindicate Johnson against the charges of Boon — 
Instructions to Gov. Tynte — He dies — Gibbes arffl Broughton 
contend for the Office — Charles Craven appointed — Exports of • 
the Province — Popularity of Craven — The Tuscarora War — 
Policy of keeping in England a permanent Agent for the Colony 
— The People desirous of a change of Government from the Pro- 



CONTENTS. y 

prietors to the King— Debts of the Colony— Emission of more 
Bills of Credit — Merchants of London complain — The Proprie- 
tors give Trott a veto power in Carolina — Excitement and Com- 
plaints of the People — Agents sent to England — The Yaniassee 
War — Craven retimis to England — Col. Robert Daniel Deputy 
Governor 229 

CHAPTER X. 

Feeble and impoverished Condition of the Colony — Proceedings of 
the Ageats in England — The Proprietors unwilling to assist the 
Colonists — Memorials to the House of Commons — Proceedings 
between the King's Council, Board of Trade, and Proprietors, 
concerning a Surrender of the Charter — Proprietors refuse — 
Assistance granted by the King — The Proprietors conciliatory 
to the People — Measures adopted by the Carolinians for their 
Defense against the Indians — Goden's Memorial against the Pro- 
prietors — The Colonial Assembly address the King to be taken 
under his immediate Protection — Continued Indian Troubles, 
and increase of Public Debt in Carolina — Robert Johnson Go- 
vernor — Unwise Instructions of the Proprietors — Attempt to 
force the People to greater Submission — Complaints of the 
Creditors in London — Disagreement of the Governor and As- 
sembly — Expeditions of Johnson and Rhett against the Pirates 
— The Election of Representatives by Parishes, the Acts raising 
Duties on British Manufactures, <fec., repealed by the Proprie- 
tors — Right of Repeal denied by the Assemlily — Dissolved — 
The Influence of Trott and Rhett with the Proprietors — Com- 
plaints against Trott by the People, Assembly, and Council, not 
heeded by the Proprietors — How the Affairs of the Proprietors 
were managed — Yonge goes as Agent of the Council to England 
• — Proprietors' Answer to Johnson — Deputies who joined in 
Complaint against Trott removed — A Council of Twelve ap- 
pointed — Johnson determines to be guided by Trott — Commo- 
tions among the People — Elect their last Assembly under the 
Proprietary System — Associations formed for Revolution — The 
Province threatened by the Spaniards — Muster of the Militia 



10 CONTENTS. 

ordered — They all join the Association — Alexander Skene — 
Johnson informed by Letter of the Intention of the People, and 
requested to be their Governor under the King — Declines, but 
has no Power to restrain the People — Private Meetings in the 
Country — Assembly meets — Refuse to acknowledge the new 
Council — Resolutions — Take the Title of a Convention — John- 
son's Address — Refuses to be their Governor — He dissolves 
them — Their Proclamation 269 



A SKETCH 



HISTORY OF SOUTH CAROLINA. 



CHAPTER I. 



Discoveries in the Fifteenth Century — Voyages to Xorth America — 
Visits to the Coast of South Carolina — Vasquez de Ayllon — His 
First and Second Voyage — Verrazzano — Ribault — Charles Fort — 
Condition of the Garrison — Charles Fort abandoned' by the French 
— Their subsequent establishment in Florida. 

In the beginning of the fifteenth century, the 
Portuguese ventured to explore the western coast of 
Africa, and succeeded in reaching its southern ex- 
tremity [1468], which they named Good Hope, in 
anticipation of the riches to be gained from a pas- 
sage to India by sea. Before this fortunate termina- 
tion of their efforts. Pope NichoLis had gr^^nted to 
their 'king and his heirs [1454] the sovereignty 
over all the countries which they had already dis- 
covered, and had forbidden the subjects of any other 
nation to visit those regions, without the permission 
of Portugal. It was believed at that period that the 

ai) 



12 EARLY HISTORY OF SOUTH CAROLINA'. 

Pope had the right of thus giving to whom he 
pleased immense portions of the earth; and for. this 
reason his decree was respected for many years by 
the other European powers. 

The design of Columbus was to find a different 
passage to India, by sailing westwardly across the 
Atlantic. His wonderful discovery of the New 
World [1492] in behalf of Spain, was soon followed 
by the doubling of the Cape of Good Hope [1497] by 
the Portuguese; and the reports of the marvelous 
wealth of the islands of the West, as well as of the 
East, were confirmed by the abundant riches which 
rewarded these enterprises. Another papal decree 
lavishly bestowed upon Ferdinand and Isabella 
[1493] the islands and continents in the regions dis- 
covered by Columbus, and threatened the penalty 
of excommunication against all who should interfere 
with their rights.'-' 

But boundless portions of the world still remained 
to be explored,, and the Pope's authority lost its effi- 
cacy: both because he had made, from what really 
did not belong to him, a donation of indefinite ex- 
tent, and because such a gift became an injurious 
restriction on the commerce and enterprise of other 
nations. With justice also it began to be denied 
that any nation had the right to exclude all others 

* For this singular bull of Alexander, with that of Nicholas in favor 
of Portugal, vide Vattel, b. i., ch. 18, ref. Leibnitz Cod. Jur. Gent. 
Diplom. ; also, Cod. Diplom. Colombo. The right to make this gift was 
declared to be " Auctoritate omnipotentis Dei nobis in beato Petro 
concessa ac vicariatus Jesu Christi qua fungimur in terris." The con- 
flicting claims of Spain and Portugal, arising from these papal decrees, 
were afterward settled by plenipotentiaries from each nation. 



EARLY HISTORY OF SOUTH CAROLINA. 13 

from vast and undefined regions which it could not 
itself people nor cultivate, and which it claimed 
merely from priority of discovery, without having 
taken such possession of the land as implied a per- 
manent occupancy. Of course the rights of the 
original possessors of the land were not taken into 
serious consideration by the rival states of Europe ; 
and those who had the power to acquire territory by 
the conquest of the Indians in America, or the tribes 
of Asia and Africa, easily found a justification or 
excuse for doing so in the general opinion, that 
heathenism should give place to Christianity, and a 
barbarous mode of life to the extension and develoiD- 
ment of civilization. 

In the mean time, expeditions from England had 
attempted to sail to India and China by a north-west 
passage through America ; for it was the prevalent 
belief of navigators that such a passage existed. An 
effort to accomplish the same object was also made 
by the English by sailing in a north-eastern direction 
into the White Sea. In the first series of these ad- 
ventures, conducted by John and Sebastian Cabot, 
England gained the honor of discovering [1497] the 
main land of the American continent, fourteen 
months before it was reached by Columbus in his 
third voyage. 

During the sixteenth century, numerous voyages 
were made to North America from England, France, 
and Spain; some under the patronage of the mo- 
narchs, with the view of extending their respective 
dominions ; and others by adventurers or companies 
of merchants, who were ambitious of securing to 
2 



14 EARLY HISTORY OF SOUTH CAROLINA. 

themselves a share of the rich commerce that had 
been opened to the world. From these voyages arose 
the conflicting claims of these kingdoms to various 
portions of North America; whilst South America 
fell to the possession of Spain and Portugal; and 
Holland, with her great maritime power, was bearing 
off from the Portuguese the honors of discovery and 
conque'^t in the East Indies. 

But from the disappointment of the English, 
French, and Spaniards in their efforts to find a pas- 
sage to India and in their hopes of sudden wealth 
from their expeditions to North America, and from 
the absorbing affairs of Europe, which was contin- 
ually distracted by wars and religious dissensions, 
more than a hundred years were allowed to pass 
before the English effected a permanent settlement 
in Virginia [1607], and the French in Canada [1608]. 
About forty years before these events the Spaniards 
had laid the foundation of St. Augustine [Sept. 
1565]; their occupancy having been hastened by the 
efforts of the French Protestants to establish them- 
selves at Port Royal, in what is now the State of 
South Carolina, and which was claimed by Spain as 
a part of the region she had discovered and had 
named "Florida." 

From this brief glance at the interesting course of 
events that rendered famous many bold and skillful 
navigators, we will now turn our attention to the 
visits which were made to the coast of South Caro- 
lina, and the occurrences which took place chiefly 
within our present borders. 

The Europeans who first arrived on the coast of 



EARLY HISTORY OF SOUTH CAROLINA. 15 

South Carolina were those who formed the expedi- 
tion from Hispaniola, in 1520. In this adventure 
Lucas Vasquez de Ajllon was interested as a partner; 
and although he did not accompany it, his subsequent 
activity in seeking his personal advantage from its 
results, has caused his name to be particularly asso- 
ciated with it. Two vessels were fitted out by him- 
self and six others, for the purpose of seeking in the 
islands of Lucayos, north of Cuba, a supply of In- 
dians to work as slaves in the gold mines of Hispa- 
niola. Either they were disappointed in their 
object, or (as others said) were driven beyond these 
islands by a tempest which lasted two days; and 
more by chance than through the design of discovery, 
thev reached the coast of North America about 
the latitude of thirty-two degrees. They entered a 
bay, a cape of which they named St. Helena, and a 
river in its vicinity they called the Jordan. On one 
side of this bay was a portion of country called by 
the natives Duharhe, or Gualdape, and on the oppo- 
site side, Chicora. 

As the vessels approached, the Indians came down 
to the coast in crowds, wondering at their strange 
appearance, but fled again to the covert of the forest 
as soon as the Spaniards began to disembark. Some 
young men from the crew were sent in pursuit, and 
succeeded in overtaking a man and a woman, whom 
they brought to the vessels; and having given them 
food and drink, and clothed them in SjDanish costume, 
they allowed them to return to the forest. The In- 
dians being thus assured of the friendliness of their 
strange visitors, sent them a present of provisions. 



and welcomed them with ....^.t i • 
»me stay on this coast and ' ^^^^'y- After 
the adjacent country the st:?", "^-'-""'-'-n of 
'"g "Stives on bc^'rd J ' ''r"^''''^''"-t'--^t- 
^^»tf in. till the decks we'e m'lr'" """'"'= »"<^ 
suddenly drew up the Z? ' "■°"'''«<5> they 

-ils carrying off t'o a LS^L::? ""'"'^'^ '''^ 
they had just received wi h t ' S"'"'^*'' »hom 

friendship. '""' '^^ ™"eh appearance of 

One of the vessels foundered .f 
penshed. Many of the IT, ' ™'^ ""<"> hoard 

ve-el were so fi^lled w'h . ef ll "' '''^ ^--■"o 
t^^kefood, and died before the end f,'' '''"''^ '» 
those who survived and were tr . ''"^'"S"- ^^ 
some also languished and s.nl- n ^ ., '"*° ''°"'3'-'««. 
''"d the rest became so fci f I" ' ''' ■^"'^^""=- ' 
tnbutedamongthepeople ,! '", "'^^ ^''^'•^ ^is- 
tic servants or in the t t ""'''°^"^'^ "^ domes- 
The Senate of ffispalK'?' v' °'" ''-^-'*y. 
-.her) were indi 'C' /^VfrS 1?"-.-- ^ 
these Indians, and desired to end H '^"^":''PP"'S of 
to their native country.* ''" '"''^"'°'-« hack 

* This account of yasauP7'« « ^ 

Sn-,.„ . . " •'Omara. Tiro r,„ii,.. 1 ■' '^ contera- 

bpam seemed l„ acquiesce i„ any star,? "*»'" ^asquez took to 
t Indians of Duharho were .bZ^Z^,' '"""'' ■"*■ ^"=1. as ,h 
Chquola or OWchora, by which nltlt '■" "' » S'''^'" K"? named 
tie countr,., and which Bin, oft s, '"'""' "^ P'»»" als„°," ^11 

, :i'°tr*""^ stated to": '; t^i^^i ;.- »^ o„,. own w't: 

— d.tatementino„ra„tho.,tha.the..„.an..is;he 



EARLY HISTORY OF SOUTH CAROLINA. 17 

But Vasqiiez having gone to Spain on business con- 
nected witli the public ajBfairs of Ilisj^aniola, carried 
with him one of the captives, and made such use of 
the interest excited by this native of the New World, 
and by the marvelous stories which he himself fabri- 
cated, that he obtained from the Emperor Charles V. 
(after whom the Indian was christened Charles of 
Chicora) a commission to conquer and govern the 
country which had been discovered. 

For this purpose he returned to Hispaniola, where 
he armed three vessels, and elated with hopes of 
fame and fortune, set sail from the city of St. 
Domingo in the year 1525. The true events of this 
expedition are not clearly known. It appears that 
he reached in safety the place which had been before 
visited, that one of his vessels was stranded in the 
river Jordan, and a large number of his men whom 
he sent on shore perished, through their own careless- 
ness, by the hands of the natives. We are told that 
Vasquez thereupon returned to Hispaniola, and died 
of grief on account of the failure of his plans. But 
this is not probable, both from his own character, and 
from the fact that he still had ample means for pro- 
secuting his designs. Perhaps another report is true, 
which states that he died after arriving on the coast 
of America ; that dissensions and slaughter occurred 
among the principal men of his company for the 
chief command ; and that in the wanderings and mis- 

Corabahee, I am not not prepared to adopt, after a close examination 
of the accounts of early voyages, old maps and charts, and a compari- 
son of Indian names that have been handed down to us. If, however, 
we believe that Cutisi-chiqui was the old name of Silver Blutf, the Jor- 
dan conUl not liavo been far from the Savannah river. 
2"- • B 



18 EARLY HISTORY OF SOUTH CAROLINA. 

fortunes which ensued, many of the soldiers died of 
starvation ; and out of six hundred who had reached 
the coast only fifty-seven lived to return/'' 

The failure of this expedition, and the equally 
disastrous fate of Narvaez and of De Soto and their 
numerous companions, seem to have disheartened the 
Spaniards. At least, they were now convinced that 
quarries of gems and countless mines of gold and 
silver were not to be found in this part of North 
America; and their abandonment of tlie country for 
forty years left it open to exploration and occupancy 
by adventurers from other European states. 

In January, 1524, Giovanni Verrazzano engaged 
in a voyage of discovery in behalf of Francis I. of 
France. He reached the continent in oi° N. Lat., 
and sailed about " fifty leagues" southward along 
our coast, searching for a harbor, but turned again 
toward the north, and landed probably in the neigh- 
borhood of Cape Fear River. It was then the spring 
of the year, and the clearness of the sky, the mild- 
ness of the climate, the refreshing verdure of the 
land, and the friendliness of the natives, inspired him 
and his followers with great admiration. He con- 
tinued to sail northwardly along the continent, some- 
times landing to examine the country and obtain a 
knowledge of its inhabitants, until he reached 50° 
of N. Lat., when his provisions began to fail, and 
he returned to France early in the month of July. 

* The discrepancies regarding- the second expedition of Yasquez will 
appear from consulting the statement of Galvano in Ilakl. ; Barcia's 
Ens. Chron. in Sparks' Eibault ; Dc Lact's Novus Orbis ; the Relation 
of an Eyc-AVitness in Hakl. ; and Force's Coll., vol. 4; and the Letter 
of Biedma to King and Council, in Hist. Coll. Louisiana. 



EARLY HISTORY OF SOUTH CAROLINA. 19 

In his interesting narrative of his voyage he disclosed 
the object of the expedition, which was still the find- 
ing of a passage through America to the East Indies.* 

On account of this discovery and those made in 
Canada, the French claimed the greater part of North 
America, under the title of New France. But their 
attention was withdrawn from their interests in these 
distant regions by the civil and religious wars wliicli 
destroyed their peace and security at home. At 
length Coligny, Admiral of France, and a leader of 
the Huguenot party, obtained permission from Charles 
IX. to establish a colony of Protestants in America ; 
a permission willingly granted by that monarch, the 
annals of whose reign were destined soon to be stained 
by the horrid massacre of St. Bartholomew's day. 
Coligny had before endeavored to form a Protestant 
colony in Brazil, but his benevolent design was frus- 
trated by the division and defection of its leaders.f 

The voyage now undertaken was to be chiefly 
directed to the discovery of a suitable place for the 
colony, and men of bravery and endurance were 
required for the perils and difficulties to be encoun- 
tered. Consequently, on the 18th February, 1562, 
Jean Ribault was sent out in command of two of the 
king's ships and a company of veterans, together with 
many gentlemen, who joined the expedition from the 
uncommon interest which its object awakened ; so 
that they had the means, says Laudonniere, " to 

* There is but one authentic document relating to Verrazzano, 
namely, his Letter to Francis I., first published by Ramusio. See for 
additions subsequently discovered, N. Amer. Rev., Oct. 1837. 

t Charlevoix Hist. Nov. Fr. Memoires sur I'Hist. de France, vol. 

32, p. 414. 



20 EARLY HISTORY OF SOUTH CAROLINA. 

achieve some notable thing, and ^vorthy of eternal 
memory." 

The course of navigation from Europe to America, 
had usually been by way of the Spanish islands in 
the \Yest Indies. Eibault boldly ventured directly 
across the Atlantic ; and on the 30th April reached 
the continent in 30° N. Lat. He landed at a river 
which he called the May, because he discovered it 
on the first day of that month. This is the St. John's 
Eiver in Florida. The natives, both men and women, 
came to the shore to receive the French with presents 
of fruit, baskets of corn, and dressed skins. Where- 
ever Ribault met the Indians on the coast, the same 
friendly reception rewarded his peaceful offering of 
trinkets and his gentle efforts to conciliate their good- 
will. Near the mouth of this river, on a hillock of 
sand, he caused a pillar of stone to be erected, on 
which were engraved the arms of France, and by 
which he signified that he took possession of the 
country for his king. The simple natives having 
beheld the religious worship connected with this cere- 
mony, crowned the pillar with garlands of laurel after 
the departure of their visitors, and long esteemed it 
an object of superstitious reverence. 

The reports of the Spaniards who forty years before 
had visited this part of the continent, induced the 
French to search for the river Jordan, For about 
four weeks, therefore, Ribault sailed along the land 
toward the north ; the two ships continuing in the 
open sea, because they were on an unknown coast, 
while the pinnaces or small boats moved nearer the 
land. The names of various rivers of France were 



EARLY HISTORY OF SOUTH CAROLINA. 21 

fancifully given to the streams which were found 
emptying into the sea, or to inlets which were mis- 
taken for the mouths of rivers. At length stormy 
weather came on and dense fogs, wdiich caused the 
ships, for their safety, to put out to sea, and Ribault 
lost sight of the pinnaces for a day and night. The 
next morning the weather was clear and the sea calm. 
He soon discovered his boats, and was informed that 
they had found shelter in a fine harbor at the mouth 
of a large river. 

T6 this harbor he now gladly repaired to obtain 
fuel arid fresh water, and to refit his vessels after his 
long voyage. Here, on the 27th May, he cast anchor 
in a depth of ten fathoms, at the opening of a spa- 
cious bay, which from cape to cape was three leagues 
wide, and formed the entrance to a noble river. The 
name of Port Royal was given to this river, on account 
of its size and the beautiful scenery around it. The 
harbor he esteemed one of the best and fiirest in 
the world ; and it was said that the largest ships of 
France, " yea, the argosies of Venice," could enter in 
there. 

Having moored his vessels, Ribault with his soldiers 
went on shore, and was equally delighted with the 
stately cedars, the wide-spreading oaks, and fragrant 
shrubs. While they walked through the forest, flocks 
of wild turkeys tlew above their heads, and around 
they beheld partridges and stags, and imagined that 
they heard the voices of bears and leopards, and of 
'• divers other sorts of beasts unknown." On return- 
ing to the ships, they cast their nets in the bay, and 
caught fishes in numbers so wonderful, that two 



22 EARLY HISTORY OF SOUTH CAROLINA. 

draughts of the net supphed enough for a day's food 
for the crews of both ships. 

Ribault explored with his pinnaces the adjacent 
country; and noticed one branch of the river leading 
to the west, and which was subsequently found not to 
penetrate far into the interior ; and another leading 
to the north, and by which he supposed he might 
reach the river Jordan. The former branch was 
doubtless the Broad River, and the latter, the Port 
Royal River. He noticed also that between these 
was an island, (which is now called Paris Island,) 
pointing toward the entrance of the river where his 
sliips were anchored. These branches were reckoned 
to be two leagues w^ide. When he had proceeded up 
Broad River about twelve leagues, he found a smaller 
branch leading toward the east, which was probably 
"Whale Branch, uniting with the Coosaw above 
Beaufort. 

While going up Broad river, he noticed a number 
of Indians on a neck of land, rOasting an animal, 
which was thought to resemble the "lucerne," (and 
whicli was no doubt a wild cat,) and he therefore 
named this place Cape Lucerne."^' The Indians fled 
at the approach of the French, leaving the animal at 

* The lucerne of Laudoiiniere (Iliikl.) is called in De Bry, lupi cer- 
varii catiilus, which my friend Dr. Bachman tells me is the common 
wild cat, [lynx riifiis,) which the Indians eat. " The negroes," continues 
Dr. B., " think it a delicacy ; and from what I have seen of it when 
cooked, I judge that it is rather a delicacy when the animal is fat." 
Lawson says, " By the way, our guide killed more turkeys, and two2^o^ 
cats, v/Mch he eat, esteeming them before fat tui-keys ;" " the Indians 
love to eat their flesh, which has no ill smell when the bladder is out." 
(Hist, of Carolina, Lond. 1718 ; pp. 27 and 119.) 



EARLY HISTORY OF SOUTH CAROLINA. U 

the fire. Others alf^o Mlioin he aftenvard met, hid 
themselves in tjie woods. Their timidity, however, 
was soon overcome by the sight of various articles 
of merchandise, and by the friendly gestures of the 
French ; and they, in their turn, brought presents 
of deer skins and baskets made of palm leaves, and 
a small number of pearls. They also prepared to 
build an arbor of boughs to shelter their visitors from 
the heat of the sun, and sought with manifest good- 
will to induce ^Ribault and his party to remain with 
them. After a few days he returned to these Indians 
with a band of soldiers, for the purpose of taking two 
of them to carry to France, in accordance with the 
command of the queen. Verrazzano had carried off 
an Indian on his return from America, as did Vasquez, 
Columbus, and other voyagers ; perhaps not so much 
to gratify the curiosity of people at home, as to 
instruct the captives in their language, and thus 
obtain some information of the interior of the country 
and its mines of gold and silver. 

The Indian chief permitted two of his men to 
accompany Ribault ; and they, thinking themselves 
more fiivored than the rest, gladly entered his pinnace. 
But when they perceived that they were to be carried 
to his ships, they attempted to escape, and would 
have jumped into the river. Neither kindness nor 
handsome presents could reconcile them to a separa- 
tion from their friends. After being detained some 
time on board the ship, they escaped by night in a 
small boat ; leaving, however, all the gifts they had 
received. Ribault did not regret their escape, for he 
thought that they could only increase the good-will 



24 EARLY HISTORY OF SOUTH CAROLINA. 

of their tribe toward the French by an account of 
his liberality and kind treatment. 

Ribault now proceeded to take possession of these 
regions in the name of his king and country. Another 
stone pillar, engraved with the French armorials, was 
brought from his ship in the pinnace, and he sailed 
up Broad River about three leagues, until he reached 
an island separated from the main land by a small 
stream, through which he sailed till he found on the 
island (which is believed to be Lemon Island) a 
hillock commanding a beautiful view ; here he erected 
the pillar near a small lake of fresh water. In the 
immediate neighborhood of this spot was another 
island, which he named the Isle of Cedars. 

Having thus explored to some extent the sur- 
rounding countrj^, and performed the ceremony of 
taking possession of it, Ribault determined to leave 
a garrison to keep this beautiful situation ; while he 
returned to France to report to Admiral Coligny what 
he had accomplished, and to procure further aid in 
establishing a permanent settlement. 

After the delivery of an animating address, twenty- 
six of his followers volunteered to remain, over 
whom Capt. Albert de la Pierria was appointed com- 
mander. Ribault next proceeded to select a spot for 
a fort. He ascended the Port Royal River along 
Paris Island, until he met a stream on the left, deep 
enough to harbor vessels of small size ; and after 
advancing some distance, he found an open situation 
on the bank of this stream, where he marked out the 
dimensions of a fort, suitable for the small garrison 
which he was about to leave. The stream he named 



EARLY HISTORY OF SOUTH CAROLINA. 25 

the Chenonceau, and the fort Charles Fort, in honor 
of his king. There are many reasons for believing 
that Charles Fort was built on the eastern side of 
Paris Island, where there are still the traces of its 
intrenchments, on a commodious creek called Pilot's 
Creek.* 

After the crews of the ships had actively assisted 
in digging the trenches and constructing a part of 
the fort, Ribault supplied it with tools, provisions, 
and warlike stores. At ten o'clock next morning, 
which was the 11th June, 1562, he and his compan- 
ions took leave of the garrison, and fired a salute to 
Charles Fort, whose battlements were the first in 
North America from which waved the flag of 
France. The salute was answered from the artillery 
of the fort ; and Ribault sailing from the harbor 
of Port Royal, turned his ships northward, still in 
the vain search of the river Jordan. After sailinji: 
about fifteen leagues, the mouth of a river was dis- 
covered, (perhaps the Edisto,) but the pinnace found 
the depth of the entrance only half a fathom, from 

* In a letter from Capt. George P. Elliott, than whom there is no 
higher authority on the local history of Beaufort, I am informed that 
these intrenchments correspond with the length and breadth given by 
Laudonniere — that the fort was built of earth, with a fosse around it, 
in which the tide was admitted — that it had flanks for cannon — that the 
trees upon it are of the growth of centuries — that grapeshot and pieces 
of very old crockery have been found about it. " There is no mention 
of it," he continues, " in any history of South Carolina. The ' Old Fort' 
(Spanish) as claimed by tradition, is situated four miles below Beaufort." 
Fort Marion is two miles nearer to Beaufort. Both of these forts are 
on Port Eoyal Island. " Fort Charles" is situated on the south-eastern 
point of Paris Island, is open to the ocean, situated upon a small creek 
which can be reached by " pinnaces on the flowing of the tide," &c. 

o 
O 



26 EAKLY HISTORY OF SOUTH CAROLINA. 

which circumstance Ribault named it Shallow River, 
and sailed on. The coast continued to vary from six 
to three fathoms at six leagues from land, and the 
weather began to be threatening. Ribault therefore 
called a council of his men ; and in consideration of 
their immediate dangers and the condition of their 
provisions, (much of which had become spoiled,) and 
especially on account of what they had already suc- 
cessfully performed, they determined to sail directly 
for France; and there they arrived on 20th Jul}', 
after an absence of five months. 

The natives on the sea-coast and in the neisrhbor- 
hood of Port Royal had shown so amicable a disposi- 
tion, that Ribault entertained no fear of danger to 
the small garrison left at Charles Fort. They had 
the means of maintaining the friendship of the sur- 
rounding tribes, by presents of knives, hatchets, 
clothing, toys, trinkets, and iron utensils, and the 
still more efficacious means of fire-arms and superior 
deadly weapons. But the time of Ribault's return 
from France was indefinite; while, on the other 
hand, it was certain that they would soon consume 
the provisions in the fort, and perhaps exhaust their 
means of purchase. The Indians were very impro- 
vident, not planting more corn than would serve for 
one season, being accustomed to spend the winter 
months in the forest where they lived on bread made 
of acorns, and on turkeys, venison, and other pro- 
duce of the chase. The safety of the garrison, there- 
fore, depended on their tilling the fertile lands 
adjacent to the fort, and raising a supply of food, 
which they had ample time to do ; but which, being 



EARLY IIISTOKY OF SOUTH CAROLIXA. 27 

used to the unthrifty habits of soldiers, they entirely 
neglected, and brought, in the end, many miseries 
upon themselves. 

Their attention was first devoted to the completion 
of the fort. Its dimensions had been marked out 
by Laudonniere and Capt. Salles, and were ninety- 
six feet in length, and seventy-eight feet in width, 
with flanks in proportion. Their next object was to 
explore the interior of the country, and secure the 
friendship of the inhabitants, A party sailed up 
Port Royal River and were entertained by Audusta, 
who told them of other chiefs in the neighborhood 
named Mayou, Touppa, and Stalame ; the last living 
a day's journe}^ north of Charles Fort. Their friend, 
Audusta, invited them at this time to a j^eculiar re- 
ligious festival, in which the priests and principal 
Indians performed many strange ceremonies, singing 
their mysterious name, He-To-Ya. The celebration 
concluded on the third day; and as they had flisted 
during the interval, they came to the feast which 
was then prepared with ravenous appetites. 

The French on their return to the fort were com- 
pelled to devise means for j^rocuring provisions, as 
they had nearly consumed all that Ribault had fur- 
nished them with. Unfortunately at this period the 
Indians had sown the surplus corn which they had 
kept, and the crops were not yet ripe. The tribe of 
Audusta, however, supplied them to their own incon- 
venience, and sought for themselves such food as the 
streams and forests afforded. The French were ad- 
vised to apply for succor to Ovade and his brother, 
Conexis, a powerful chief who lived in the direction 



28 EARLY HISTORY OF SOUTH CAROLINA. 

of the Savunnah Eiver. With an Indian guide they 
put to sea in their pinnace, and found Ovade on the 
river they had named the Belle, about twenty-five 
leagues from Charles Fort. They returned with 
their boat laden with millet and beans. The garri- 
son being in the midst of plenty, were again careless 
and at their ease. But while they slept, the house'=^ 
within the fort in which they had stored their sup- 
plies was accidentally burned, and but little of the 
provisions was saved from the flames. With the 
friendly assistance of the Indians their house was 
soon rebuilt ; but they were again forced to seek for 
food from Ovade, who could only supply them by 
borrowing from his brother, Conexis. They were 
liberal in making presents in return, and Ovade 
showed them his fields of growing corn, and assured 
them that while he could aid them they should not 
want. But what delighted them most was the gift 
of some pearls and silver ore, and the new^s that 
silver could be found among the mountains toward 
the north, at a distance of ten days' travel. " Now," 
said they, " we have come to the knowledge of what 
we most desire." 

But, indeed, their greatest troubles were at hand. 
Capt. Albert was a man of imperious temper, and 

* " Mais peu apres, par la negligence de quclques-nns, la plus grande de 
leurs maisons fut bruslce, sans qu'ils peussent sauvei* qu'un bien peu de 
leur provision, et encore a grand peine." — De Laet, 1640. Laudon. 
says, the fire liroke out " in their room that was built for them before 
their departure." Two of our recent writers strangely represent the 
fort as being consumed, and rebuilt by the aid of the Indians in twelve 
hours. Their mistake, perhaps, was derived from Charlevoix : "Le feu 
prit au fort qui fut consume en peu d'heures avec les magasins." 



EARLY HISTORY OF SOUTH CAROLINA. 29 

rigid ill enforcing discipline in the garrison ; while, 
at the same time, the privations of the soldiers dimin- 
ished their alacrity and quiet subordination. Par- 
tialities and dissensions arose on account of the exe- 
cution of a drummer named Guernache, for a fault 
that was not thought by his fellow-soldiers to deserve 
so severe a punishment. But as their disaffection 
increased, Albert grew more stern and harsh. La- 
chere, another of the garrison, was banished to an 
island three leagues from the fort, where he was to 
be furnished with food every eight days ; but this, it 
is said, was cruelly -withheld from him. The garri- 
son now broke out into open mutiny, murdered 
Capt. Albert, and bestowed the command on Nicholas 
Barre. 

They had been expecting, day after day, the arri- 
val of Ribault from France. With the continued 
disappointment of their hopes, they began to seek 
the means of returning by constructing a small vessel. 
They had carpenters among them ; and a forge and 
iron and tools had been prudently left in the fort by 
Ribault. What they needed most were sails and 
cordage. Eesin they procured from the pine, and 
moss from the oak, with which they calked their 
vessel. Finally, they turned their sheets and shirts 
into sails ; and Audusta and Maccou, promising to 
furnish them with ropes, retired to the wood with 
their subjects, and in the space of two days made 
cordage enough for the rigging ; no doubt, from the 
inner bark of the trees. In their gratitude, the 
French, at their departure, left to these chiefs all the 
merchandise that remained in the fort. But while 
3^= 



80 EARLY HISTORY OF SOUTH CAROLINA. 

they embarked in their weak vessel the artillery, 
forge, and munitions of war, they took, with strange 
inconsideration, but a small supply of food, though 
they had then an unusual abundance at hand. 

The wind being favorable they set sail, and had 
gone only about one-third of the distance across the 
Atlantic when they were delayed by calms, and in 
three weeks advanced only twenty-five leagues. 
Their provisions were already so diminished that the 
daily allow\ance to each man was but twelve grains 
of millet. They were next compelled to eat their 
shoes and leathern jackets, and to drink the water 
of the sea. Some died of hunger. The boat leaked 
on all sides, and required constant bailing. To aug- 
ment their misfortune, a storm arose and injured their 
frail vessel so much that in despair they ceased their 
exertions, and laid themselves down to die. One 
more courageous than the rest inspired them w^ith 
hopes of safety if they could survive for three days 
longer. This time elapsed, and still nothing but the 
sea and sky surrounded them. Then lots were cast; 
for they agreed that one should die that the rest 
might live. It chanced that the lot fell to Lachere, 
whose life they had saved by rescuing him from the 
island, and he now willingly gave back the boon to 
his starving friends. 

Shortly after this they were met by an English 
vessel and carried to England. Ribault had not been 
sent to succor them at Port Royal on account of the 
war which prevailed in France. As soon as peace 
was restored, Coligny revived his project of coloniza- 
tion ; and Laudonniere ^yas dispatched in command 



EARLY HISTORY OF SOUTH CAROLINA. 31 

of these ships, and reached America in June, 1654, 
on the coast where he had first arrived in company 
with Ribault. He must have received information 
before he set sail of the abandonment of Charles 
Fort, for he did not visit it again. He says, in his 
narrative, that the haven and situation there were 
indeed most beautiful, yet more abundant supplies of 
food could be obtained at the river Ma}-; "besides, 
the gold and silver that was found there, a thing 
that put me in hope of some happy discovery in time 
to come." He therefore built on that river a fort 
of a triangular shape, which he named Fort Caroline, 
and lived there two summers and a winter. In 
February, 1565, he sent one of his ships, under 
Capt. Vasseur, to visit Port Eoyal, and to look for a 
soldier named Rouffi, who had been left there. It 
was found that he had been taken off by a Spanish 
vessel and carried to Havana. Capt. Vasseur was 
the bearer of presents from the French, such as 
knives, hatchets, and clothing, to their old friend 
Audusta, who offered them land if they would come 
and settle in his neighborhood. 

The fortunes and f;xte of the garrison at Fort Car- 
oline are among the most romantic occurrences of 
that period. Laudonniere became the ally of the 
Indians in his neighborhood, who were at war with 
the tribes that lived higher up on the St. John's 
Kiver, and were said to possess a country containing 
mines of gold and silver. Being unsuccessful in these 
maurauding expeditions, dissatisfaction and disaffec- 
tion arose in his garrison, and finally some of his 
soldiers deserted with two of the ships, and sailed to 



32 EARLY HISTORY OF SOUTH CAROLINA. 

the West Indies as pirates. Eibanlt was now sent 
from France to supercede Laudonniere, and arrived 
when the latterj surrounded with difficulties, was on 
the point of abandoning the settlement. But Ri- 
bault's fleet had been followed [1565] by another from 
Spain, under command of Melendez, whose object 
was to destroy the French Protestants, or drive them 
from the lands which the Spaniards claimed as their 
own. Both fleets suffered many disasters from storms 
and shipwrecks on the coast; but, in the end, Me- 
lendez surprised the feeble garrison of Fort Caroline, 
and massacred, with revolting cruelty, all who fell 
into his hands. 

The King of France viewed with indifference the 
slausrhter of the Protestant colonists. The barbarous 
act of Melendez, however, inspired their countrymen 
with such horror, that the Chevalier de Gourges ex- 
pended his private fortune, and secretly collected a 
company, with whom he sailed for America. Having 
united to his forces manj' of the Indians, he, in turn, 
surprised the Spaniards and recaptured Fort Caro- 
line. After inflicting on the garrison the retaliation 
they fully deserved, he demolished the fort and 
returned to France. It is said that beneath the 
trees, on whose branches Melendez hung his French 
prisoners, was placed an inscription — "I do not this 
as to Frenchmen, but as to heretics.!' De Gourges 
hung the Spaniards to the same branches and altered 
the inscription — '"I did not do this as to Spaniards 
nor as to infidels, but as to traitors, thieves, and 
murderers." [May, 1568.] 



EARLY HISTORY OF SOUTH CAROLINA. 33 



CHAPTER II. 

The Indians who inhabited South Carolina — Their Numbers and Situa- 
tion — Remnants of Tribes — Migrations — Towns — Government — Re- 
ligion — Domestic condition — Intercourse and Alliances — Trade Avith 
the Whites — Traders — Indian "Warfare. 

With the exception of the Esquimaux, the In- 
dians in America, Avhatever may have been their 
origin, appear to have belonged to the same race.* 
In the course of thousands of years they were separ- 
ated into distinct nations and tribes, that differed 
from eacli other more in Language than in habits or 
physical characteristics. 

In Europe we still find remnants of ancient Cau- 
casian nations on the extreme shores of Spain and 
France, and in Wales, Scotland, Ireland, and the ad- 
jacent islands. In North America the course of 
migration, on the contrary, was from west to east. 
Tribes of Indians who had battled in vain against 
advancing tribes were dispersed, according to their 
traditions, "to the salt water" — to the promontories 
and isles of refuge along the Atlantic coast. 

The ancient Indians, who constructed the enclo- 
sures and mounds existing in the Mississippi valley, 
had extended their habitations within the borders of 
our State to the eastward of the Waterree River.f 
But all knowledge of those more improved people 
had been lost lonsf before the discoverv of America. 

* See Trans, of Amer. Ethnol. Soc, vol. ii. 

t See first vol. published by Smithsonian Institute. 

c 



34 EARLY HISTORY OF SOUTH CAROLINA. 

The Indians who lived here "when the Europeans 
first came, could not tell at what period, or for what 
purpose, these large mounds had been constructed. 

The French and Spanish expeditions, noticed in 
the preceding chapter, afford only an unsatisfactory 
knowledge of some of the small tribes on the coast. 
"We must, therefore, turn to a later period to find a 
less deficient account of the barbarous multitudes who 
filled our land from the seaboard to the mountains. 

The Cherokees extended through Georgia and the 
north-western part of South Carolina. Their hunt- 
ing grounds stretched onward between the Saluda 
and Broad Rivers. About 1735 they mustered six 
thousand warriors, who were reduced to twenty-three 
hundred in 1775.* 

The Catawbas dwelt on both sides of the Wateree. 
In 1700, they had fifteen hundred warriors. In 1743 
these were reduced to four hundred, including por- 
tions of broken tribes who had lived in their neiffh- 

o 

borhood. 

The Muscogee, or Creeks, possessed the country on 
the Savannah River, south of the Cherokees. In 
1775, their warriors were computed to be thirty-five 
hundred. '|- The total of men, women, and children 
in each nation may be estimated at about six times 
the number of warriors. 

The Choctaws £tnd Chickesaws lived further 
toward the Mississippi River, at a distance of eight 
hundred miles from the English settlement in South 
Carolina. J The degree of intercourse between these 

* Adair, p. 226. f Ibid, p. 257. J Gov. Glen. 



EARLY HISTORY OF SOUTH CAROLINA. oO 

Indians and the whites may be shown by the state- ' 
ment, that in 1751 there were twenty-eight English' 
traders among the Creeks, seventeen among the ' 
Cherokees, two among the Catawbas, and but one^ 
for both the Choctaws and Chickesaws."'' 

The precise limits of the various tribes and nations 
were never ascertained by government,"}" though there 
were undoubtedly such limits in every nation that 
had strength enough to maintain its independence 
and permanence.."]; 

Some of the small tribes north of the Santee and 
east of the Wateree; were the Santee or Seratee, 
Hooks and Back Hooks, Winyaws, Peedees, Wacca- 

* MSS. in Sec. of State's Off. f Adair, p. 223. 

4 Tliat the Cherokees had a permanent abode is evident from their 
holding the same Umds at the period of our Revolution which they held 
before 1693, at which time they sent a deputation to Charleston. The 
Catawba country is part of the same which their nation held, perhaps, 
for centuries before the arrival of the English, as they are reported to 
have been at war with the Five Nations time immemorial. In Ogle- 
thorpe's Treaty of 1739, it is said that from the seaboard in Georgia to 
the Mountains, was the ancient possession of the Creek Nation, main- 
tained against all opponents, and that they could " show the heaps of 
bones of their enemies, slain by them in defence of said lands." At this 
period the Upper and Lower Creeks were computed at 25,000 men, wo- 
men, and children. Previously, in a treaty with the Governor of South 
Carolina, they had claimed the lands south-west of Savannah River, 
beyond which the colonists of South Carolina agreed not to settle. 
They do not appear, however, to have extended their towns to the coast, 
for Oglethorpe in his letter of 10th Feb., 1733, speaks of "a little In- 
dian nation, the only one within fifty miles" of Savannah. This people, 
under Tomo-chi-chi, had been "banished" from the towns of the Lower 
Creeks. (Vide Conference with Oglethorpe, May 18, 1732. Force's 
Hist. Tracts, vol. 1.) It must be remarked, too, that the lower towns 
were not peopled by the Muskoges proper, or Creeks, (so called from the 
numerous creeks in their territory) but by remnants of the Oosecha, 
Okone, and Sawakola nations, (Adair, p. 257.) 



S6 EARLY HISTORY OF SOUTH CAROLINA. 

'maws, Kadapaws, Weenees, AVateree, Chichanee, 
:Waxsaws, and Saraws ; and northward of these, the 
Enoes, Toteros, Saponas, and Keyauwees. These 
tribes were feeble in condition, and generally without 
combination. They often waged a petty, though 
destructive warfare aorainst each other. Those that 
did not sink into complete decay on their own lands, 
migrated to other places, or embraced the protection 
of the Ca-tawbas, whom so many remnants had 
joined, that in 1743 twenty dialects were spoken 
among their small band of warriors.''' 

The Congarees, on the river which bears their 
name, were an idle and squalid people. They had 
been greatly reduced by intestine feuds and by the 
small-pox, which from their strange mode of treat- 
ment was a fatal disease among all the Indians.f 
The few who remained found refuge with the Cataw- 
bas. The latter had once the custom of flattening 
the heads of their infants to make them better hun- 



■* Adair, p. 224. It is impossible to trace these remains of " broken 
tribes," after their union, or rather complete coalescation, with the 
larger tribes. Such union implied the abandonment of every thing that 
would distinguish them from the superior tribe. " I am informed," says 
Adair, p. 267, " by a gentleman of character, who traded a long time 
near the late Alabahma garrison, that within six miles of it live the re- 
mains of seven Indian nations, who usually conversed with each other 
in their own different dialects, though they understood the Muskoge 
language ; but being naturalized, they ivere bound to observe the laws and 
customs of the main original body." See also Barton's New Views, 
1798, p. 45. 

t They generally heated themselves in a large oven, and immediately 
plunged into the river. (Lawson. See also Catlin's N. Am. Indians, 
where the same practice is mentioned.) The Cherokees reported that 
in one year they lost tliree thousand warriors by the small-pox and 
iutemDcrance. (Force's Tracts, vol. 1.) 



EAKLT HISTORY OF SOUTH CAROLINA. 37 

ters, it was believed. The Waxsaws who lived near 
the Congarees were the only Indians in South Caro- 
lina who retained this peculiar custom. But the 
diversity of these small tribes is more clearly sliown 
by the fact, that though they lived only " ten or 
twenty miles in distance" from each other, their lan- 
guages were quite different.'-' 

Within a short time after the founding of Charles 
Town, the coast thence to the Santee was possessed 
by the English. The intervening islands were used 
for raising hogs and cattle. On Sewee Bay was '' a 
deserted Indian residence," and doubtless many of 
them were in every direction. The Sewees, besides 
having lieen wasted by the small-pox and drunken- 
ness, had lost, before they moved from the coast, the 
best portions of their tribe by sending, after solemn 
deliberation, a grand commercial expedition to Eng- 
land in canoes. Their range of hunting ground was 
probably between the Santee and Monk's Corner, 
w^here it met the lands of the Etiwans or Ittawans 
on the south and those of the Santees and Congar^ees 
stretching down from the north and north-west. f 

Westward of Charles Town were also many rem- 
nants of nations. The Kussoes lived north-east of 
Combahee Eiver ; the land of the Cacique of Com- 
bahee being bounded in this direction by the land of 
the Kussoes. J The Westoes lived in Beaufort dis- 
trict. They were at an early period driven out by 
the Savannahs § or Yamassees, who belonged to the 

* Lawson. t Statutes at Large, years 1G91 and '95. 

t Book of Grants, 1C82, Seer. Off. § Gov. Archdale, p. 89. 

4 



38 EARLY HISTORY OF SOUTH CAROLINA. 

Lower Creek nation.''' The tribes of St. Helena, 
Wimbee, Edisto, Coosaw, Stono, and Kiawaw, who 
with the San tees, See was, and Etiwans were com- 
monly called Cusabees, lived between Charleston and 
Savannah. 

Some of these surrendered their lands to the Eng- 
lish ; others migrated or dwindled into insignificance 
prior to 1707.f 

The Saludas deserted their towns, on the river of 
that name, and removed to Pennsylvania.^ In their 
migrations, the weaker tribes sometimes removed 
their abode hundreds and even thousands of miles. § 
In 1734, a delegation of twenty-six Natchee Indians 
applied to the governor of South Carolina for per- 
mission to settle their nation on the Savannah. I| In 
1753, a party of the Shawnees, from the Ohio, were 
arrested on suspicion while on their way through the 
province to join the Creeks.^ The Yamassees and 
Tuskaroras were warlike and adventuresome tribes. 
Hence we find them in various places. The latter 
once dwelt between the Savannah and Altamaha.** 
After conflicts there they settled in North Carolina. 
Coming in conflict with the whites, and being greatly 
reduced, they united themselves with the confederate 

* Speech of the Cowecta chief iu conference with Oglethorpe. 
Force's Tracts, vol. 1. 

t Statutes, 317 and 6-11. Bk. of Grants, MS. 1683. 

X See Monson's Map. 

? Lawson, p. 170. Barton, p. 32, and Appendix. 

II Carolina Gazette. 

1 Ind. Bk. Seer, of State's Off. See also MS. Council Journal, p. 24, 
1753. 

** Stephens' Georgia. 



EARLY HISTORY OF SOUTH CAROLINA. 



39 



nations on the frontiers of New York/-' Some of 
them were also living at Port Royal in 1721. In 
like manner the Yamassees, having renounced their 
alliance with the Spaniards, who had executed sev- 
eral of their chiefs, removed to Beaufort district 
between IG 80-90, and were conspicuous there until 
their defeat and expulsion in 1715. A remnant of 
them lived with the Catawbas in 1743 ; but the 
main portion retreated to Florida, from whom the 
Seminoles are said to be descended. 

We will here present some general remarks on the 
Indian towns, governmeat, religion, domestic condi- 
tion, intercourse and alliances, trade with the whites, 
and mode of warfare ; leaving other subjects to be 
elucidated as they shall appropriately attract our 
attention in the course of this history. 

The Indian towns were more or less adjacent, in 
accordance with the extent of territory free from 
incursion, and the scarcity or abundance of game. 
It was remarked of the Creeks that their warlike 
habits were strengthened by living closely 'ogether for 
the sake of mustering on a sudden against attacks of 
the neighboring Choctaws, and from the necessity of 
hunting at a great distance from home. The towns 
were invariably situated on a river or stream,f and 
contained each about fifty or sixty warriors. J Polyg- 

* Williamson— Humphrey's Prop. Gos. p. 305. 3 Statutes, p. 141. 

t For ablution and fishing. The young Indians were very expert in 
taking fish with reed harpoons, searching their accustomed retreats 
among rocks and beneath the steep river batiks. 

% In 1740, the lands along the Savannah, from Ebenezer to Briar 
Creek, were in possession of the Euchees. Their town contained but 
one hundred inhabitants : " Few of them stay now in the town, choosing 



40 EARLY HISTORY OF SOUTH CAROLINA. 

amy was allowed in most tribes, and the women led 
a very dissolute life from early age till marriage. In 
a prosperous nation the towns averaged three hun- 
dred men, women and children. Among broken and 
dispersed nations the towns were reduced to an insig- 
nificant number of inhabitants. There were neither 
numerous tribes nor large towns between Charleston 
and the Catawbas, nor westward, except the Cherokee 
towns, which in 1750 did not average more than fifty 
warriors. 

. These towns were independent of each other in 
government,''' if we can ^o call what was "simply 
natural, as little complicated as that which is sup- 
posed to direct or rule the approved economy of the 

rather to live dispersed." There was another settlement of Euchees 
at Silver Bluff, (Force's Tracts.) In 1757, thirty-two towns of the 
Cherokees contained but 1990 warriors. (Ind. Bk. Seer. Office.) 
. Thirty-one towns in North Carolina, in 1708, numbered but 1G08 feu- 
cible men. (Williamson, p. 282.) The Sewee, Santee, Wateree, Wax- 
saw, Winyah, and other remnants of tribes were feeble and scattered, 
and where they dwelt together their huts could not properly be termed 
towns. The t|i^,vns enumerated by Lawson, (p. 234,) contained from 
eighty to only six or ten fighting men. 

* The towns of the Lower Creeks "have each their different govern- 
ment, but are allied together, and speak the same language." (Force's 
Tracts, vol. 1, No. 2.) " Every town is independent of another — their 
own friendly compact continues the union," (Adair;) and such were the 
tribes found by Vasquez and Laudonniere, in the sixteenth century, and 
also in our own day in the West. " With respect to government, during 
all the time we have had them for neighbors, they may be said to have 
had no government at all. Personal independence has kept the petty 
chiefs from forming confederacies for the common good. Individuals 
have surrendered no part of their original private rights, to secure the 
observance of the rest. There has been no public organization 
expressed or implied. The consequence has been that the law of pri- 
vate redress and revenge prevailed." (Schoolcraft, 1851.) The docu- 
ments which are sometimes found in the official MSS. representing 



EARLY HISTORY OF SOUTH CAROLINA. 41 

ant and the bee."* There was no exclusive execu- 
tive authority. The greatest man insensibly became 
king, and was only regarded as bravest or wisest, not 
as lord and dictator. On important occasions he 
called together a Council f of distinguished elders, 
who after solemn deliberation made known their 
decision to the young men of the town, exhorting 
them to put it in execution under the guidance of such 
war-captains and head-men as had won their leader- 
ship by exhibitions of superior bodily and mental 
endowments. Certain conjurors and quacks, some- 
times called priests, also held a high position among 
them, being believed to commune with spirits and to 
possess powers of cure, enchantment, and divination. 
The greatest personal influence, howsoever gained, 
ruled them in all undertakings and emergencies. 

mouarchios among the Indians, and the surrender of the rights and 
domain of the nation to individuals, are to be considered as written by 
Europeans as title deeds. (Vide copies in Appendix to Mills' Statistics 
and McCall's Georgia.) The power of their chiefs is correctly shown in 
Oglethorpe's Letter, Gent. Mag., 1733. 

* Barton, p. 500. 

t Detailed accounts of the proceedings of these assemblages are in 
the records of the Secretary of State's Office. See also Adair, Bar- 
tram, Lawson, Oglethorpe's Letters, <fec. It may not be uninteresting 
to give here a specimen of the passes furnished by the traders to 
friendly Indians, (MSS., 1750.) " To all people whom it may concern : 
Whereas, the bearers of this being our brotherly Indians, desire the 
favor of you to let them pass and repass, they being going to war 
against their enemy Indians, and desire the favor of us to acquaint you 
of the same, in the hopes that you'll supply them in a little victuals, 
if they stand in need of it, without killing any of your creatures, to 
prevent their doing any damage ; whereas, many damages has been 
done by these Northward Indians, in hopes you'll think nothing of their 
passing and repassing, they being not the same, but our friendly Indians 
that lives in our lands." Signed by four traders. 

4* 



42 EARLY HISTORY OF SOUTH CAROLINA. 

This influence might extend from town to town ; one 
extraordinary man might become a kind of emperor 
of the whole nation, and one town a kind of capital 
of the whole confederacy. The alliance of the towns 
looked not to peace, but to war. Tribes whose lan- 
guages were radically different, and who were at 
variance .with each other, were occasionally leagued 
against mutual enemies. When not engaged in war, 
the men were absent from home three or four months 
of every year on hunting expeditions. Being of a 
roving nature, no strong attachment confined them 
permanently to one spot. The towns, at best a col- 
location of huts, were often abandoned, as necessity 
or interest prompted a removal. Their true home 
was wherever the forest oak spread its grateful shade, 
and the green pines rustled on high their innumera- 
ble tops ; wherever the stream burst from the mountain 
side, or winding smoothly through the vale, reflected 
from its quiet surface the antlered flocks that stooped 
to quench their thirst. 

Their variety of languages, hostilities, and estrange- 
ments prevented any effectual combination against 
the English colonists at first when they might have 
overwhelmed them. Afterward their respect for the 
whites was nothing more than a dread of their 
power ; for they despised their pale hue, ridiculed 
the wearing of breeches, laughed at their military 
parades, and felt no deference for a civilization effac- 
ing the savage endurance and ferocity tliat consti- 
tuted their principal virtues, nor any relish for a 
religion enjoining upon them humility, love and the 
return of good for evil. Little reliance could be 



EARLY HISTORY OF SOUTH CAROLIXA. 43 

placed in the faith of treaties, and their rhetorical 
speeches of brotherly affection, and assurances of 
burying the tomahawk, wiping away the blood on 
the war path, and keeping forever bright the chain 
of friendship. Arthur Middleton, in his address to 
the Commons in 1725, advising the erection of forts 
along the Indian frontier, says truly, "it is w^ell 
known, by long experience, that force is of more 
prevalency than argument with these people." 

In agriculture, tlie richness of the soil and the fer- 
tilizing beams of a southern sky, supplied the place 
of skillful management in the raising of their maize 
and beans. Towns and villages had each a common 
fixrm, a particular portion of which was allotted to 
families and individuals ; not so much from principles 
of private property, as for public convenience in the 
distribution of the produce. In times of scarcity, 
they received support from the store-house of the 
town ; and hence the buying and selling of provi- 
sions did not, as with other people, give origin to 
wealth and merchandise. In mechanics, flint stone 
furnished the best tools they had, and they advanced 
not beyond the manufacture of some rude utensils, 
and the construction of cabins of the simplest form. 
// The women made pottery, moccasins, belts, fringe, 
and fantastic ornaments of dress; but the majority 
of the poorer tribes wore only a scanty covering, the 
body being protected against the weather and insects 
by a constant use of bear's oil. "The men 23erform 
nothing except erecting their mean habitations, form- 
ing their canoes, stone pipes, tambours, eagle's tail or 



44 EARLY HISTORY OF SOUTH CAROLINA. 

standard, and some other trifling matters ; for war 
and hunting are their principal employments.""^' 

They had, as have all savages, feasts, dances, and 
barbaric games. But in the serious business of life, 
there were at home no employments, intellectual or 
manual, of sufficient dignity, in their estimation, to 
engage their restless energies. With an invincible' 
propensity to cling to their savage state, they passed 
through century after century without progressive 
improvement. When the chase in the wild woods 
was over, and the wigwam was supplied with food, 
the warrior gazed upon the trophies of his former 
bravery, and chanted the praises of the departed 
heroes of his race. He made for himself a new bow; 
he replenished his quiver; whetted his scalping 
knife and prepared his war paint; he started from 
his slumber at midnight, and his children awoke in 
terror at his half-uttered battle cry. 

The Indians were unhabituated to accumulation, 
and had no medium of exchange.f Tlie tribes were 

* Bartram's Travels, p. 513. So also with those on our northern 
boundary — "They have no manner of musical instruments, such as pipe, 
fiddle, or any other arts, sciences, or trades worth mentioning, which 
may be owing to their careless way of living, taking little or no pains 
to provide for the necessaries of life as the Europeans do." — Dr. Brick- 
cll's Nat. Hist. N. Car., 1737, p. 279. Sec Lawson (1701) for those 
north of Santee River. 

"They had musicians, who were two 'old men, one of whom beat a 
drum, while the other rattled a gourd that had corn in it, to make a 
noise withal. To these instruments, they both sung a mournful ditty; 
the burden of their song was in remembrance of their former greatness 
and number.-; of their nation," &c. "They thus give a relation of what 
hath passed among them to the younger fry." (p. 39.) 

t In some tribes there was a near approach to the use of a kind of 
money, viz. : shells for ornament, and "wampum." They did not re- 
spect the possession of riches, which they compared to the fading paint 
ou a warrior's face. 



EARLY HISTORY OF SOUTH CAROLINA. 45 

entirely independent of each other for food, clothing, 
and utensils; so that before their traffic with the 
whites began,* there existed between them no inter- 
course or advantages of a commercial nature to check 
forays, stifle feuds, and render a cessation from war 
a blessed season for domestic prosperity. By the 
policy that prevailed in some nations, of incorporating 
the conquered tribes, the conquerors appear only to 
have entered upon a more extended field of warfare. 
Peace was often maintained between nations by 
the offering of satisfaction for injuries before retalia- 
tion had destroyed their amity. But, upon the 
whole, friendship with all their neighbors was the 
exception in the condition of their relations. And 
we must conclude, that apart from the influence of 

* The following passages relate to Indians about the head waters of 
the Pedee, &c. "It is very surprising to find so many different lan- 
guages amongst them as there are, there being few nations that under- 
stand each other. But I believe the principal reason of this great 
difference and confusion of language, is owing to these people seldom or 
never conversing with any nation but their own." " These differences 
in their languages cause jealousies and fears amongst them, which often 
occasion wars, wherein they destroy each other ; otherwise the Christians 
had not, in all probability, settled themselves so easily as they have 
done, had these tribes of savages united themselves into one people, or 
general interest, or were they so but every hundred miles together." 
They are entirely free from any love of riches or grandeur. (Brickell, 
p. 346.) 
// The traffic with the whites effected but a slight change in the relation 
of tribe with tribe. Instances however occurred in which the Indians, 
in imitation of the white traders, carried small casks of rum, the com- 
modity most valued by them, for exchange among the mountain tribes. 
In most cases, ere half the journey was performed, these merchants 
were found in .jolly mood around the open cask, or raging like frantic 
bacchanals in the forest. If any rum were left, which seldom was the 
case, they filled the cask with water, and on arriving at their journey's 
end, retailed the mixture by the mouthful. 



46 EARLY HISTORY OF SOUTH CAROLINA. 

the trade, intervention, and protection of the whites, 
the most efficient preservatives of peace were the in- 
capacity of the tribes for sustaining conflicts, and the 
being so far removed from each other as to preclude 
all occasion of contact and collision. 

The men of every tribe may be divided into two 
classes ; those who were too old to engage in offen- 
sive warfare, and the warriors. The former were 
counselors, and their importance and influence were 
proportionate to their previous valor and services; 
the latter, early in life, prepared themselves for hard- 
ships, and suffering, and deeds of blood. In hunting, 
they carried their weapons of war, the bow and knife. 
To circumvent and secure the wild deer, buffalo, and 
bear, required all the devices and cunning strategy 
which they would need in taking or destroying their 
human pre^^ When the condition of a nation or 
tribe demanded extreme wisdom to preserve it from 
ruin, the exertions of the a!2;ed counselors were often 
inefficient to counteract the devilish thirst for blood 
that urged the young and impetuous warriors. " The 
young men did it, and we are sorrj^ for it," was the 
perpetual excuse for injuries to the whites ; and fre- 
quently, to save themselves from war, the perpetra- 
tors were apprehended after great difficulty, and 
delivered up to the injured party for punishment. 
Atta-kuUa-kulla, when he suspected that the scalps 
brought in by a party of his warriors, had not been 
taken from their enemies, said, '' They are young 
fellows, and would not come back without Something 
to show their barbarity." Sometimes a single reso- 
lute warrior went forth in quest of adventure and 



EARLY HISTORY OF SOUTH CAROLINA. 47 

distinction, many hundreds of miles from his forest 
home; and creeping, and crouching, and watching 
about the wigwams of his foes, sprang upon some 
defenseless woman or child ; and while the blood of 
his victim was still warm upon the hand that 
clutched the reeking scalp, he hurried back like a 
triumphant demon ; yet durst for a moment stop to 
shriek forth a yell of defiance to the maddened mul- 
titude that rushed upon his track in wild pursuit. 

Retaliation and a relentless spirit of revenge were 
fostered by the various tribes as a means of preserv- 
ing the public honor. Murder for murder, scalp for 
scalp, was the principle sustained and enforced by 
the unanimous sentiment of entire nations. In their 
rude system of ethics, to kill one that had injured 
them was not murder ; to revenge — and to do so 
with every possible aggravation — was superior to all 
obligations and passions which could restrain or 
impel their savage nature. In the redress of private 
wrongs, the legislative and judicial power was but 
the imperative force of custom ; the executive was 
the strength of each man's own right arm. " In 
cases of murder, the next in blood is obliged to kill 
the murderer, or else he is looked ujwn as infamous in 
the nation where he lives ; and the weakness of the 
executive power is such that there is no other way 
of punishment but by the Revenger of Blood, as the 
Scripture calls it. For there is no coercive power in 
any of their nations.""-' 

In the royal grant of the immense tract of Indian 
• 

* Oglethorpe's letter, in Gentl. Mag. 1733, p. 413. 



43 EARLY HISTORY OF SOUTH CAROLINA. 

territory embracing our State, the motive of con- 
verting the heatlien to Christianity was prominently 
£et forth. If indeed a serious signification were 
attached to this project, no period or method for its 
accompHshment seems at any time to have been con- 
templated. The first effort toward such conversion 
was made in 1702, when a missionary to the Yamas- 
sees was sent from England by the Society for the 
Propagation of the Gospel in Foreign Parts. The 
governor of the province, however, on account of 
the relations then existing between the colonists and 
Indians, considered the mission impolitic ; and the 
labors of the missionary were directed to the settle- 
ment near Goose Creek.* 

The hostile occupation of their country, the spirit 
of encroachment and aggrandizement displayed from 
the beginning, and the warlike attitude necessary for 
the temporal prosperity of the settlement, were 
obviously at variance with the teachings of the 
Bible ; whilst the conflicting efforts of the Spanish 
missionaries, and the disreputable lives of many 
white men in their towns, produced in their minds a 

* Besides the English residents, the slaves particularly were within 
the field of his labors. Importations from Africa often introduced 
greater savages and a worse heathenism, and, if possible, stranger dia- 
lects than those which were found existing in our forests. We may 
here mention that a natural antipathy was felt by the Indians against 
the negroes, and that to their unconquerable aversion the colonists for 
a long period owed much of. their security. The sagacity and dislike 
of the Indian, when put in requisition, reclaimed the runaway in a 
wonderfully short time from the densest swamps and thickets. "We have 
read nowhere of any alliance, intercourse, or sympathy between the two 
races. For the dangerous position of the settlers, vide Hewitt, p. 508 ; 
Statutes at Large, vol. 2, p. 648 ; MSS. Gov. Glen in 1754. 



EARLY HISTORY OF SOUTH CAROLINA. 49 

complete indifference to our religion/'" To become 
Christians, moreover, was to cease to be Indians ; to 
cease from retaliation and revenge, from battle and 
the gory scalp, and from ancient customs and rites 
which distinguished them as a separate people. 

It was a mistake to represent the Indians as willing 
to embrace Christianity. It was also erroneously 
said by many writers that they had no religion. 
What their hereditary belief really was, we cannot 
well understand ; but that they had a religion, and 
pertinaciously strove to conceal it from strangers, 
will be shown in a brief notice of one of their cere- 
monies-f 

* Some things llie Indians willingly learned from the whites: — "A 
French dancing master settling in Craven county, taught the Indians 
country dances, to plaj^ on the flute and hautboit, and got a good estate ; 
for it seems the barbarians enoouraged him with the same extrava- 
gance," &c. (Oldmixon, 1708.) 

"They never argue against our religion, but with all imaginable 
indifference own that it is most proper for us that have been brought up 
in it." (Law, p. 238.) This atlthor thought that amalgamation with the 
settlers was the surest means of their conversion. In 1707, the pream- 
ble to a law states, " the greater number of those persons that trade 
among the Indians in amity with this government, do generally lead 
loose, vicious lives to the scandal of the Christian religion, and do like- 
wise oppress the people among whom they live by their unjust and 
illegal actions." By subsequent notices in the Carolina Gazette,, this 
conduct appears never to have been remedied. Two traders once pur- 
chased Bibles in Charleston, which was thought sufficiently remarkable 
to be mentioned in the newspaper. 

t Adair, who had the best opportunities for comprehending their 
belief from his friendship with them and long residence in their midst, 
found them offended and distrustful when he wrote letters or took notes ; 
and he confesses that one of his difficulties was " the secresy and close- 
ness of the Indians as to their own affairs, and their prying disposition 
into those of others." The tribes of North Carolina had many customs 
" for which they will render no reason or account, and to pretend to 
5 D 



50 EARLY HISTORY OF SOUTH CAROLINA. 

The French garrison at Fort Charles, in 15G2, were 
on most friendly terms with an Indian king, who 
invited them to certain religious " ceremonies most 
strange to recite." The chief, however, kept his 
foreign friends closely in his wigwam during the cele- 
bration, and was greatly offended when he noticed 
some of them laughing. " This he did," says Lau- 
donniere, " because the Indians are very angry when 
they are seen in their ceremonies." Notwithstanding 
the subtlety of one of the Frenchmen, who hid him- 
self in the woods to watch their proceedings, and 
afterward the bribing of an Indian boy to disclose 
the meaning of its worship, the strangers remained 
in ignorance of its nature. Two centuries later, 
Adair endeavored to solve the secret. His account 
of the celebration differs in several respects, but it 
evidently relates to the same divinity; and the changes 
may be ascribed to the lapse of time, or the varying 
customs of nations who held but little intercourse 
with each other. The holy drink of the cusseena 
plant was prepared for this religious solemnity ; and, 
during the ceremonies they sang in monosyllables 
" their sacred mysterious name."''' 

give u true description of their religion is impossible, let writers pre- 
tend what they will." " I could nCver get admittance to see what 
they were doing, though I was at great friendship with the king and 
great men, but all my persuasions availed me nothing." From the 
mysteries spoken of, the majority of the Indians were also excluded. 
(Lawson, p. 211.) Adair tells us that those who ventured improperly 
upon the religious ceremonies " were dry-scratched with snakes' teeth, 
fixed in the middle of a split reed, or piece of wood, without the privi- 
lege of warm water to supple the stiffened skin." (p. 47.) 

* See also Bartram, p. 458. Law, pp. 24, 90 ; Adair, p. 97. But to 
conclude with the last author, that Jehovah was the mysterious name 



EARLY HISTORY OF SOUTH CAEOLINA. 5] 

The more simple and common belief recognized 
two spirits ; the one good, the otlier evil. The one 
they regarded as the maker of every thing, the giver 
of the fruits of the earth and of all blessings ; the 
other was the author of all the ills and calamities of 
life. They believed in the immortality of the soul, 
and in future rewards for good and wicked deeds, of 
which they could give " a pithy account." But their 
opinion of the benevolence of the Great Spirit 
induced them, generally, to believe that the life 
beyond the grave would be one of felicity only, the 
joys of which would resemble those of earth. The 
effect of this belief was a stoical indifference under 
most dreadful affliction, and calmness and bravery in 
perils and in death. Absurd legends and supersti- 
tions of imaginary agents were also found among 
them ; but the priesthood enjoyed no distinction as 
an organized class, and owed their prominence in 
the community in a great measure to the trickery of 
the fortune-teller, and to their pretensions in the 
medical art. 

There were among the Indians some more dis- 
tinguished than the rest for an observance of moral 
rules and the laws of nature. Their shrewdness 
and reflection, and the mental and bodily activity 
exercised in the hunter-life, produced in many 
instances a development of the moral and rational 

of the God whom the Indians worshiped, would require us to be first 
convinced that they were descendants of the ancient Jews. Schoolcraft 
remarks of the Indians of the present day, that though they believe in 
many gods (or spirits,) they worship only one ; and they look forward 
to a future life of sensual enjoyment. See also Bradford's Amer. 
Antiq. 



52 EARLY HISTORY OF SOUTH CAROLINA. 

being that must be esteemed remarkable in compari- 
son with their rude mode of living, and their delight 
in barbarous customs. But the restraints of recti- 
tude and clemency could not encompass or withhold 
the wild passions of the multitude, and particularly 
of the unbridled young men. Theft and robbery, 
adultery and murder, were not unknown among them, 
and frequently entailed an obligation to further 
depredation and crime, from their custom of private 
retaliation. Sometimes a vicious malefactor, being 
an outcast from his own people, roamed the forests 
alone, or sought refuge and sympathy in an ignoble 
tribe. Sometimes the guilty were condemned to 
death in a summary manner, or delivered up for 
punishment to the party whom they had injured. 
In war they were all alike. In peace they were as 
different as are the estimates of the different travel- 
ers who have described their character. On the 
AYateree, the Indians, we are told, were thieves, 
stealing with their feet if you watched their hands ; 
lazy and poor, living in dark, smoky, cabins ; or 
shockingly licentious and despicable. On the other 
hand, the Creeks are extravagantly described as 
honest, hospitable, affectionate, industrious, temper- 
ate, forbearing, and needing no European civilization. 
A century ago the annual export from Charleston 
of deer skins alone was seventy thousand. With the 
exception of rice, the furs and skins, of various 
kinds, obtained from the Indians, were then by far 
the most valuable commodity in the colonial trade.* 

* Gov. Gleu's " Description of South Carolina." 



EARLY HISTORY OF SOUTH CAROLINA. Oo 

But the exportation of rice had been rapidly increas- 
ing- in proportion to its more improved and extensive 
culture;* whilst the skins had been an article of 
export for seventy or eighty years, and the hunters 
and the beasts which they pursued had equally 
decreased in the forests around us. Turning our 
attention back to earlier times, we find that in 1731 
the quantity of rice exported was much less, while 
the deer skins were about 255,000, and the annual 
rate " above 200,000." Moreover, there was a vast 
difference in the labor and expense of procuring these 
commodities. ' " They carry on," says a writer of that 
time, " a great trade with the Indians, from whom 
they* get these great quantities of deer skins, and 
those of other wild beasts ; in exchange for which 
they give them only lead, powder, coarse cloth, ver- 
milion, ironware, and some other goods, by which 
they have a very considerable profit.f And earlier 
still, in 1700, the Indian trade was so lucrative, as to 
cause the remark that those who engaged in it 

* The value of tlic swamp and river lauds was long unknown. They 
were regarded as pestilential. When found to be best adapted to the 
cultivation of rice, and this had become a staple commodity, the impor- 
tations of slaves increased as follows: iu 1715, forty-five years after the 
settlement, there were in the colony 10,000 blacks ; in 1724, 32,000 ; in 
1731, 40,000 ; in 1763, about 70,000. 

t "A description of the Province of South Carolina, drawn up at 
Charlestowne, in Sept., 1731." 

From the MSS., 1716, I take the following prices : Pistol, 20 skiir-; ; 
axe, 5 skins ; sword, 10 skins ; 12 flints, 1 skin ; knife, 1 skin ; SO bul- 
lets, 1 skin. All skins considered alike, including beaver. But tho 
prices are very variable, as are seen in the records. The Indians often 
came to Charleston to obtain a regulation of rates. 

In Gov. Glen's time the skins sold— Deer skins, £50 sterling a hun- 
dred ; Beaver, 4s. 3^d. a pound. 
5:;: 



54 • EARLY HISTORY OF SOUTH CAROLINA. 

became rich sooner than any other people in the 
province."'''" 

Before the removal from old Charles Town, on the 
western bank of the Ashley, the proprietors forbade 
all trade with the Indians for seven years, that the 
settlers might become " more numerous and better 
able to defend themselves." At the close of the 
AVestoe war in 1681, many individuals had added to 
their traffic the purchase of captives, and the pro- 
prietors endeavored to check abuses of this kind in 
the trade and intercourse with the natives, by taking 
under their protection (nominally) all the Indians 
within four hundred miles of Charleston .•}- In 1691, 
it became expedient to limit, by a heavy penalty, the 
extent of trade and traveling to the vicinity of the 
settlement ;J but private enterprise soon rendered the 
enactment nugatory, for Archdale relates, not many 
years after, that the colonists had extended their 
inland trade to the distance of one thousand miles. 

It was however of much greater importance to 
regulate the trade than to prescribe its limits; to 
secure, if possible, justice to tlie Indians, and to pro- 
tect and promote the interests of the settlers. In 
the constant struggle of the legislature against the 
cupidity and oppression of their countrymen, no 
efficient plan for the regulation of the trade appears 
to have been adopted until 1707; when Commission- 
ers, amenable to the Assembly, were appointed as 

* Lawson, p. 87. 

t Cluilmcrs and Oldmixon, Carr. Coll., pp. 313, 409. See also 
Appendix. 

X statutes, 2, p. 64. 



EARLY HISTORY OF SOUTH '"CAROLINA. 00 

superintendents and directors ; ai agent, with a 
stated salary, was chosen, who could only be removed 
by the Assembly ; a pecuniary equivalent was 
granted to the governor in lieu of the presents it 
had been customary for him to receive from Indian 
deputations,* and stringent measures w^ere enacted 
in regard to the subordinates engaged in the trade, 
and the manner in which it should be conducted. 
After 171G the trade required garrisons and fac- 
tories,"]* and had become so important a source of 
wealth as to be jealously guarded as a means of 
public revenue. But the policy of bringing the 
whole system within' the cognizance of the Assembly, 
excluded the executive from an exercise of power 
in the most active field of his government, whilst he 
owed his position at the head of affairs to an 
authority often at variance with the Assembly and 
the people. Hence numerous laws w^ere passed and 
repealed, yet the Indian trade never became free from 
abuses, nor established and governed with that 
energy and concentration of purpose which its impor- 

* £200 were ofTered to Sir Nath. Johnson as an equivalent for l\is 
Indian perquisites, and refused. He was granted £400. In 171G, the 
annual compensation was £200. 

t " It being the resolution and sense of the whole country not to have 
any more a settled store among the Indians, but by degrees cause the 
Indians to come to our forts and purchase what they want." — MSS. 

" The Charikees utterly dislike coming down to the garrisons to deal, 
and will not agree to that proposal on anyaccount, (except for rum)." — 
MS. Journal Comsr. of Trade, 1710-1718. 

Many abuses and much bloodshed would have been prevented had 
this wise course been adopted at the beginning of the settlement ; but 
the enterprise of the traders continued to resist the most salutary laws, 
as is exhibited through the pages of numerous volumes in Secretary of 
State's Office; 



56 EARLY HISTORY OF SOUTH CAROLINA. 

tance and compli iated interests demanded ; notwith- 
standing the subsequent modifications of the system 
by which, (on t le transfer of the colony from the 
proprietors to tl: e king,) the royal governors obtained 
a more immediLte control of the officers employed in 
the management of its affairs. 

The leading men of the colony were from the 
be":innin2; more or less eDSfaJi'ed in the Indian trade. 
x\gents of the merchants in Charles Town traversed 
the forests hundreds of miles from the settlement, in 
the midst of distrustful and sanguinary multitudes, 
among whom to be timid was hazardous, and to be 
audacious was almost certain death. 

Many traders lost their lives by their imprudence. 
Many were dissolute and worthless, and were des^Dised 
even by the savages. Many concihated favor and 
ensured their own safety by adopting the Indians' 
habits and marrying among them. But, on the other 
hand, some were gentlemen, who doubtless would 
have achieved renown in the most arduous and impor- 
tant duties of a public career. 

Let us follow a trader who is going to the Chick- 
esaws. The governor of South Carolina has told 
him to keep a journal of all that occurs, that he 
might be informed of the condition, resources, and 
policy of the tribes. We will follow him from the 
enlivening activity of a thriving commercial town ; 
from the teeming farms and plantations of the col- 
onists ; from the huts by the wayside and from the 
drunken gaze of lounging Indians wdio have learned 
only the vices of the white men ; from some old 
homestead of departed warriors, over the ruins of 



EARLY HISTORY OF SOUTH CAROLINA. 57 

which bounds the affrighted stag ; beneath the moss- 
covered oaks ; then far off amid the dull uniformity 
of interminable pines ; over the smooth river in the 
swift canoe ; across the slippery ford of the boister- 
ous stream ; and far again into the solemn stillness 
of the forest ; challenged now by a group of mocca- 
sined hunters; now suddenly avoided by the scam- 
pering of nude and black-haired urchins to some vil- 
lage near, where old squaws anxiously inquire the 
price of rum, and the girls offer their choicest smiles 
for beads or yellow tape. But what does he record 
in his journal?* May 28. "A gang of Choctaws 
set a house on fire in the night, but did no other 
mischief. June 12. A gang of Quapaws killed and 
scalped six Chickesaws in the night, at a hunting 
camp. July 20. Eleven Chickesaws who ^vent to 
the river Mississippi in order to meet with the 
French, accordingly discovered several boats on the 
north side of said river ; they attacked them and 
caught several, but were at length forced to quit 
them by the fire made by the French ; and are 
returned with several of their party watmded. 24th. 
A small gang of Choctaws came into the nation in 
the night, killed a fellow and wounded a child as 
they were asleep on a corn-house scaffold. August 1. 
Five Chickesaws were killed by the Cherokees, being 
a huntinGr on the Cherokee river. 14th. The Choc- 

o 

taws kill a young fellow in the night. . . . Sept. 
2G. Three Chickesaws were killed at their hunting 
camp by a gang of Choctaws." A gang of Chicke- 
saws arrive, w4io had gone in a war party against 

* MS. Journal of Mr. Buckles, 1757 ; Bk. Xo. 4, Seer. Off. 



58 EARLY HISTORY OF SOUTH CAROLINA. 

the French fort on the "Wabash, bringing one French 
prisoner. " From Sept. 26 to Oct. 26. Five ganga 
of Chickesaws went to war against the Choctaws and 
French, and one gang against the Cherokees ; the 
latter I did all in my power to hinder, to no purpose ; 
they having lost no less than ten of their warriors, 
who were killed by said Cherokees. Oct. 5. Five 
Chickesaws were killed by the Choctaws at a hunting 
camp. Dec. 15. The Choctaws killed a Chickesaw 
fellow as he was going out a hunting, and carried oft* 
a woman and two children prisoners. 16th. The 
Chickesaws pursued them; came up with them; 
killed five, and redeemed said woman and children. 
18th. A gang of Chickesaws went against the 
French on the 20th September ; returned, having 
killed one Frenchman and brought in his scalp. 
19th. A gang of Chickesaws returned from war with 
one Choctaw scalp. Feb. 8. A Chickesaw woman 
was killed in sight of the houses by the Choctaws. 
14th. A Chickesaw was killed by the northward 
Indians. 16th. A woman was killed and scalped as 
she was cutting wood in sight of the houses, by the 
Choctaws," 

After so disastrous a system of warfare, how hum- 
ble and mournful in its tone was their language to 
the English governor : " It is true, some years ago, 
we did not mind how many our enemies were ; but 
that is not our case at present : our numbers being 
reduced to a handful of men, and thereby we are 
rendered incapable of keeping our ground without a 
continuance of your friendly assistance. We are not 
able to hunt, nor are we free from the hands of our 



EARLY HISTORY OF SOUTH CAROLIXA. 59 

enemies even in our own towns ; so that it is impossi- 
ble for us to kill deer to buy clothing for ourselves, 
our wives, and children, or even to purchase ammuni- 
tion. This the English traders who come among us 
are too sensible of, from the small quantity of skins 
they have carried out of this nation these two last 
years, to what they used to do formerly ."•=' 

The same practices of mutual revenge and barba- 
rity prevailed among all the Indians. Before the dis- 
covery of this continent, many great nations must 
thus have dwindled away, f till none of their lineage 
was left to rehearse the history of the mighty chief- 
tains who once led their thousands of plumed and 
painted warriors to the ambuscade and battle field. 
Sometimes, as we have still on record, fatal diseases 
broke out, which neither the rattles, nor bags, nor 
charms, nor incantations of their medicine-men could 
check or alleviate ; and the sad survivors bade farewell 
to their homes, and departing far from the infected 
region, sought for some spot which they believed the 
Great Spirit had not cursed, and where their little 
ones might grow up like sturdy oaks, and the eagle 
and the buffalo become the emblems of their tribe. J 

* MS. Ind. Bk. Seer. Off. . 

t In the "Altera Navigatio, Duce Laudonniero," of 1564, (De Bry,) 
we find the same system of warfare. " Keges beUa inter se geruut 
assidaa fere, nuUique viro hosti, q\iem capere possint, parcunt ; deinde 
capnt adimunt, ut cutcm cum capillis, habeant, qua domum reversi 
trophajum statuant." 

X This general sketch of the Indians who lived in and near South 
Carolina seemed necessary for appreciating the dangers and difficulties 
of the early English settlers. For minute descriptions of tribes and 
customs, see Adair and Lawsou in particular, and the authors referred 
to in preceding notes. 



60 EARLY HISTORY OF SOUTH CAROLINA. 



CHAPTER III. 

English Settlements in North America — Charles II. grants the region 
south of Virginia to eight noblemen, in 1663 — Origin of the name 
of Carolina — The Proprietors and the Services they had rendered 
to the King — Opposition to their Claims set aside — Their first ' 
Efforts to form a Colony — Settlements in Albemarle and Clarendon 
counties — Liberal Concessions to Settlers — Forms of Government 
permitted — Policy of the Proprietors — The second Charter, and ex- 
tension of the Carolina grant — .Synopsis of the Charter of 1665 — 
The Religious Intolerance at that time in England, and the Religious 
Freedom bestowed by the Charter — Differences of the Charters of 
Connecticut, Rhode Island, and Carolina. 

After the French abandoned the plan of settling 
at Port Ro3'al, no other European settlement was 
attempted in South Carolina for more than a hundred 
years. But during this interval English colonies had 
been successfully established in several parts of New 
England, and in Maryland and Virginia. Charters 
and grants of land were liberally bestowed upon in- 
dividuals and companies by the kings and queens of 
England. 

The commercial and political advantages of these 
colonies were not then apparent; and the British go- 
vernment did not extend to them its powerful pro- 
tection, nor maintain them by its ample resources. 
Yet it was evident that its dominion would be en- 
larged and its claim to vast portions of America 
substantiated, by tlie settling there of all who were 
willing to leave the comforts of home or anxious to 
escape its ills. Strong, indeed, must have been the 
motives which led these adventurers to encounter the 



EARLY HISTORY OF SOUTH CAROLINA. 61 

perils and hardships of a long voyage, and the still 
greater privations and dangers that awaited them in 
a wilderness and among hordes of savages. 

While the Sf)aniards, and in many cases the French, 
sought for gold or the glories of conquest, the Eng- 
lish colonies were, in most instances, formed or aug- 
mented by those who were unwilling to endure, in 
their own country, the religious intolerance of the 
successively dominant sects of Catholics, Puritans, 
and Churchmen. Religious freedom was therefore 
a prominent and peculiar feature in the 'grants of the 
English colonies. And as their settlement was left 
to private means and enterprise, those to whom the 
charters were granted generally secured to their 
colonists the additional inducements of gifts of land, 
and a larger share of political liberty than they en- 
joyed at home. We shall observe, in the course of 
this history, that at a later period it became the 
policy of the government to revoke these charters, 
and to bring the colonies more immediately under the 
power and control of the king and his council. 

Notwithstanding the favorable description which 
Verrazzano had given of our climate and country, 
and Ribault's account of the beautiful and commo- 
dious harbor of Port Ptoyal, a prejudice had arisen 
against settling here and in favor of more northern 
situations. But the success and prosperity of the 
colonies already established, awakened great interest 
in the mother country; and in the second year 
after the restoration of Charles II., some of his ad- 
herents and courtiers, to whom he was indebted for 
distinguished services, easily obtained a charter with 
6 



62 EAKLY HISTORY OF SOUTH CAROLIXA. 

extensive powers, for all the region lying south of 
Virginia, extending from 31° to 36° of north latitude, 
and westward within these parallels across the conti- 
nent ; and which w^as to he definitely called '' Caro- 
lina" in honor of the l#ing."'' 

This charter is dated March 24th, 1GG3. The 
noblemen upon whom it was conferred, and the mo- 
tives which they assigned for requesting it, are men- 
tioned in the beainnino; of the charter, as follows : 

" Whereas, our right trusty and right well-beloved 
cousins and Counselors, Edicard, Earl of Clarendon, 
our High Chancellor of England, and George, Duke 
of Albemarle, Master of our Horse and Captain- 
General of all our Forces, our right trusty and well- 
beloved William Lord Craven, Jolin Lprd Berkley, 
our right trusty and well-beloved counselor^^?/^Z'o;??/ 
Lord Ashley, Chancellor of our Exchequer,'Sn' George 
Carteret, Knight and Baronet, Vice-Chamberlfjiii-of our 
Household, and our trusty and well-belov^^Sir Wil- 

* The part of North America embracing the present States of North 
and South Carolina, first received the name of Florida, which was given 
by the Spaniards. The French called it by the same name. The Eng- 
lish, after the colonization of Virginia, called the same region Southern 
Virginia. Yet from the year 1G28-9, in the reign of Charles I., the 
name of Carolina was indefinitely applied to the territory south of 
Virginia, as may be observed in the list of MSS. under this date in the 
Appendix. At length, in 1663, from a happy coincidence of the names 
of the kings, it was retained and definitely applied to the province 
granted to the proprietors by Charles II., and in compliment to that 
monarch, as stated, by authors of the time and indicated in the first 
charter. Our historians are not agreed whether the name was derived 
from Charles IX. of France or Charles II. of England. There would 
be more reason in introducing the claims of Charles I. If the name 
originated from that of the fort " Arx Carolina," built by Laudouniere 
on the St. John's River, or Charles Fort at Port Royal, it was not ap- 
plied to the territory by the French, who continued to call it Florida. 



EARLY HISTORY OF SOUTH CAEOLIXA. 63 

liam Berkley^ Knight, sind Sir John Colleton, Knight 
and Baronet, being excited with a laudable and pious 
zeal for the propagation of the Christian Faith, and 
the enlargement of our empire and dominions, have 
humbly besought leave of us, by their industry and 
charge, to transport and make an ample colony of 
our subjects, natives of our kingdom of England, and 
elsewhere Avithin our dominions, unto a certain coun- 
try hereafter described, in the parts of America not 
yet cultivated or planted, and only inhabited by some 
barbarous people who have no knowledge of Al- 
mighty God," &c/== 

* The Earl of Clarendon had been the companion and active assist- 
ant of King Charles in his exile, and after Cromwell's death had ma- 
terially contributed to the re-establishment of the monarchy. His 
daughter was subsequently married to the Duke of York, who became 
James II., and their children, Mary and Anne, were queens of I^ngland. 

But no single person deserved more the title of Restorer of the King, 
than General George Monk, whose history is well known, and who, for 
his important services, was created Duke of Albemarle. 

Sir George Carteret was, for a time, governor of the Isle of Jersey, 
where he maintained the royal cause against Cromwell and the Parlia- 
ment, and gave refuge to King Charles, the Duke of York, the Earl of 
Clarendon, and many of the nobility, during their flight from England. 
When the Duke of York received from the King, after his restoration, 
a large grant of land in North America, Lord Berkley and Sir George 
Carteret obtained a conveyance of apart of it; and in compliment to the 
latter, the present State of New Jersey derived its name. 

Sir Anthony Ashley Cooper (after whom the Cooper and Ashley 
Rivers have been named) had been particularly recommended to Charles 
II. by General Monk, as a person well fitted to be one of his council. 
Although he was regarded as a politician who had espoused the cause 
of monarchy, then of the Parliament, and then again of monarchy as 
it suited his ambition, yet he long retained the favor and confidence of 
the king, and by his distinguished abilities became Chancellor of Eng- 
land, and was made Earl of Shaftesbury. He was the constant friend 
and patron of the learned philosopher Locke, to whose wisdom was sub- 
sequently committed the framing of the fundamental laws for the 



64 EARLY HISTORY OF SOUTH CAKOLINA. 

As soon as these noblemen received their charter, 
adverse claims were made to the same territory 
under a grant that had been given in 1630 to Sir 
Kobert Heath, Attorney-general of Charles I. He 
had called the country " Carolana," and the Bahama 
and other islands, the " Carolana Islands ;" but 
having failed to form a colony, the claims of those 
to whom he had convej^ed his rights were now set 
aside f and the proprietors under the new charter 

government of Carolina. To this nobleman also, who was the most in- 
fluential in the early policy of Carolina, England is especially indebted 
for the Habeas Corpus Act, and the equally important measure of ren- 
dering the judges independent of the crown. 

Sir John Colleton had been an active partisan of royalty, and im- 
poverishGd himself by his uncalculating zeal in its cause. After the 
success of the Parliamentary forces he retired to Barbadoes till the 
restoration of the king, when he returned to England and received the 
dignity of baronet. 

Lord Berkley had been a faithful follower of Charles in his exile. 

The Earl of Craven was early distinguished for his foreign military 
services. He was one of Charles' Privy Council, and held a military 
command about his person. 

Sir William Berkley, brother of Lord Berkley, was for many years 
the able and loyal Governor of Virginia. He espoused the cause of 
Charles I. against the Parliament, and refused to hold office under 
Cromwell, which led the colony boldly to adhere to Charles II. as their 
sovereign, while he was an exile from England, and at a time when the 
power of Parliament was supreme. In remembrance of this, the king 
is said to have worn at his coronation a robe of Virginia silk. (Present 
State of Virginia, 1705, p. 57.) The other authorities for these brief 
■notices are. Earl of Clarendon's Autobiography, Lord King's Life of 
Locke, Pepys' Memoirs, Eose's and Gorton's Biog. Diets., Lives of 
Lord Chancellors, and Burke's Peerage. 

* See Coxe's Carolana, 1722, and the extracts of the charter in his 
Appendix. The claims for the province of " Carolana" continued to be 
prosecuted, but were limited to the country west of the settled portion 
of Carolina, and embracing the Mississippi, In "Virginia Eichly 
Valued," published in 1650, it was made to comprehend Koanoak and 
the southern parts of Virginia. The order in council repudiating the 



EARLY HISTORY OF SOUTH CAROLINA. 65 

made immediate exertions to begin a settlement, that 
the king might see they did not "sleep with his 
grant, but were promoting his service and his sub- 
jects' profit." 

At an earlier period, some settlers from Virginia 
had proceeded southward, and taken up their abode 
on the river Chowan. Sir William Berkley was at 
this time governor of Virginia, and the rest of the 
lords proprietors wrote him instructions to form im- 
mediately a government for the settlers at Chowan, 
and to appoint one or two governors, and councils, 
and other officers. The reason for giving the power 
of appointing two governors, one on each side of the 
river, was, they said, " because some persons that are 
for liberty of conscience may desire a governor of 
their own proposing, which those on the other side 
of the river may not so well like ;" and to obtain 
settlers, they wished " to .comply always with all 
sorts of persons" as far as they possibly could. This 
region was now named Albemarle county, in honor 
of the eldest proprietor, and William Drummond was 
appointed its first governor. He, with a council of 
six, made laws for the settlement with the consent 
of the delegates of the freemen. These laws were 

claims of Heath's Patent, is thus stated in MSS. in my possession. 
" 12th Aug., 1663. Proceedings of the Privy Council. Taking into 
consideration the present condition of the province of Carolina, and 
upon information that all pretenders to former grants had been sum- 
moned, according to former orders, to bring in their patents and writings, 
but none appeared ; and as no English have by virtue of such grants 
hitherto planted, by which neglect such patents (if any) are become void ; 
the attorney-general ordered to proceed by inquisition, or some other 
lawful way, to recall all such. All future grants to have a clause that 
unless plantations are formed the grant shall be void." 
0=5= E 



68 EARLY HISTORY OF SOUTH CAROLINA. 

to be. sent to England for the approval of the pro- 
prietors. Lands were granted to all free of rent for 
three years, and the former possessions of the settlers 
were confirmed to them. 

A company of adventurers from Massachusetts 
had settled more to the south, on Cape Fear River, 
about 1661, and had purchased there an extensive 
tract of land from the Indians. They now claimed 
from the lords proprietors the same civil and religious 
privileges they had enjoyed during their self-govern- 
ment. At the same time [Aug. 1663] the proprietors 
received proposals from several gentlemen of Bar- 
badoes, who desired to remove to Carolina, and who 
solicited the grant of a district of land, thirty-two 
miles square, with the power to choose a governor, 
maj^or, and other officers. While the proprietors de- 
clined to grant these privileges, they encouraged the 
settlers from Barbadoes, and entered upon the design 
of establishing a colony southward of Cape Fear, on 
the Charles River. They issued, on the 25th of 
August, a " Declaration and proposals to all that will 
plant in Carolina," and which they promised "invic- 
lably to perform and make good" "in such manner 
as the first undertakers of the first settlement shall 
reasonably desire." 

The settlement could be made on the Charles 
River, or in any other part of the province, the pro- 
prietors reserving to themselves twenty thousand 
acres, to be laid out by their own agents, but so that 
the colony should not be incommoded thereby. They 
promised the settlers the privilege of erecting fortifi- 
cations, provided they undertook to be true and 



EARLY HISTORY OF SOUTH CAROLINA. 0/ 

fuithfal to the king and his successors, "by some 
oath or engagement of their own framing." With 
regard to their government, the settlers were required 
to present to the proprietors thirteen persons of their 
company, of whom the proprietors would choose one 
to be governor for three years from the date of his 
commission, and six others to be his council. By a 
majority of these (of which the governor or his 
deputy should be one) the settlement should be go- 
verned during the period mentioned. Successors to 
the governor from among the council, and to the 
councilors from the remaining six of those first pre- 
sented, should also be nominated, to serve in case of 
death or removal from the colony. At the end of 
the three years a similar presentment should be made 
by the freeholders in the colony, and executive offi- 
cers similarly appointed. The proprietors promised 
that the freeholders should elect an assembly, by a 
majority of whom they should "make their own 
laws, by and with the advice and consent of the 
governor and council, so as they be not repugnant 
to the laws of England." AVithin a year after the 
publication of these laws, they should be presented 
to the proprietors for their approval or dissent ; but 
if once agreed to, they could only he repealed hy tlie 
power that enacted them. The proprietors promised 
to grant, in as ample a manner* as the settlers should 
desire, "freedom and liberty of conscience in all 
religious or spiritual things, and to be kept inviola- 
bly." They promised exemption from taxes on im- 
ports and exports in regard to whatever articles the 
charter allowed. They promised every settler, for 



68 EARLY HISTORY OF SOUTH CAROLINA. 

the small rent of one halfpenny an acre, one hundred 
acres of land for himself and his heirs, and fifty acres 
for each man servant whom he should carry or send 
to the colony (provided he were able to bear arms, 
and took with him a good musket and ten pounds of 
powder and twenty pounds of bullets), and thirty 
acres for every woman servant. After their term of 
servicb, each man servant should be entitled to ten 
acres of land, and each woman to six acres. But 
these promises were restricted to those who arrived 
during the first fl\'e years of the settlement. To in- 
sure the confidence and security of settlers, the pro- 
prietors also promised that the governor and council 
should be enjoined to have always in the settlement 
one armed man in proportion to every fifty acres of 
land that should be granted. 

Such were the liberal offers which were first made 
to all who would remove to Carolina. Equally demo- 
cratic in their tendency were the privileges granted 
to those who had already fixed their abode in Albe- 
marle county. The region about Cape Fear was now 
called Clarendon county. A number of English 
emigrants arrived here on 29th May, 1664 ; and in 
November, Robert Samford was appointed secretary 
and chief register, and John Vassal surveyor-general 
and deputy governor. In the following January, Sir 
John Yeamans, of Barbadoes, was commissioned its 
governor, and the boundaries of his government es- 
tablished in a southward direction "as far as the 
river St, Mathias, which bordereth upon the coast of 
Florida." Tracts of land were granted, according to 
the promises of the proprietors, to adventurers from 



EARLY HISTORY OF SOUTH CAROLINA. 69 

England, New England, the Island of Barbadoes, and 
other islands of the West Indies ; and an annual rent 
of one halfpenny an acre was required, the first pay- 
ment to be made in March, 1670. 

After receiving their charter, the lords proprietors 
had held their first meeting in May, 1663, to appoint 
officers among themselves, and ordain rules for the 
government of their province. They agreed to con- 
tribute equally a fund for transporting colonists and 
for other expenses. But we shall have many occa- 
sions to observe that they did not agree upon any 
fixed policy for the administration of the colonies 
which they were forming. To Sir William Berkley, 
who was in Virginia, they at first committed the fos- 
tering of their joint interests. He was directed, as 
we have seen, to constitute the government for Albe- 
marle county. In the same letter of instructions, the 
proprietors observed, "we do likewise send you pro- 
•posals to all that will plant, which we prepared upon 
receipt of a paper from persons that desired to settle 
near Cape Fear, in which our considerations are as 
low as it is possible for us to descend. This was not 
intended for your meridian, where w^e hope to find 
more facile people, who, by your interest, may settle 
upon better terms for us, which we leave to your 
management, with our opinion that you grant as 
much as is possible, rather than deter any from plant- 
ing there." And now Governor Yeamans was told 
" to make every thing easy to the people of New Eng- 
land, from which the greatest emigrations are ex- 
pected, as the southern colonies are already drained.'"'^' 

* Chalmers' Pol. Ann. 



TO EARLY HISTORY OF SOUTH CAROLINA. 

The New Englanders who had settled on "Old 
Town Creek," in 1661, being reduced to want by the 
sterility of the country, had left their cattle to the 
keeping of the Indians, and returned to Massa- 
chusetts* before the arrival of the exploring ship 
Adventure, which sailed from Barbadoes, under Capt. 
Hilton, in August, 1663. Although at their depar- 
ture they had placed in a post "a writing, the con- 
tents whereof tended not only to the disparagement 
of the land about the said river, but also to the great 
discouragement of all those that should hereafter 
come into those parts to settle ;"f yet they were very 
active in claiming the land as their own as soon as' 
the province was granted, to the proprietors.^ These 
noblemen, however, while they were anxious to please 
all settlers in Carolina, desired Sir William Berkley 
to persuade or compel these enterprising New Eng- 
landers, who alread}^ were ''roaming the continent,"* 
to be satisfied with such allotments of land as were- 
triven to others. § Whatever number, from liberal 
offers of political and religious privileges, returned to 
Cape Fear, their settlement was soon abandoned or 
absorbed in that of the emigrants from England, who, 
in 1664, began to build a town called Charles Town, 
about twentj^ or thirty miles up the Cape Fear River. 

* Lawson (Hist, of CaroL, Lomlon, 1718), p. 74, relates the tradition 
of the inhabitants at Cape Fear, about 1700, that some of these colo- 
nists " carried off the children of the Indians under pretense of instruct- 
ing them in learning and the principles of the Christian religion ; which 
so disgusted the Indians, that though they had no guns, yet they never 
gave over till they had entirely rid themselves of the English by their 
bows and arrows." 

t Hilton's Kelatiou. % Bancroft. I Chalmers' Pol. Ann. 



EARLY HISTORY OF SOUTH CAROLIXA. <1 

To aid and encourage the proprietors, Charles II. 
presented to this colony twelve pieces of cannon, and 
a considerable quantity of warlike stores. 

. It w^as here, on the southern bank of the Cape 
Fear, that Sir John Yeamans and the emigrants from 
Barbadoes at length arrived in the autumn of 1G65. 
In the following year the population of the settle- 
ment amounted to eight hundred. He governed the 
colony with the care of a father, and by his prudence 
received the uninterrupted goodwill of the neighbor- 
ing Indians. The settlers sent timber and staves to 
Barbadoes, and industry and animation marked the 
conduct of all.''' But after Yeamans was appointed 
governor of the more southern colony at Ashley 
Kiver, many of the settlers are said to have followed 
him thither, to lands more fruitful and better adapted 
to raising cattle ; and the situation at Cape Fear be- 
came at last so completel}^ deserted, that before 1G90 
it relapsed into its original condition, and was roamed 
over again by herds of deer and the Indian hunters.*]* 
In Albemarle county, when the rents for land be- 
came due (in 1666), the people began to be dissatisfied; 
and the proprietors, yielding their expectation of im- 
mediate gain to their desire to harmonize and accom- 
modate the settlers, granted the petition of their 
assembly in the following year, and allowed them to 
hold their lands on similar terms with the inhabitants 

* Chalmers' Pol. Ann. 

t Williamson. From this period there were but two governments in 
Carolina, at Albemarle and Ashley River ; and the names of North and 
South Carolina began to be used, althongh the colonies were not by law 
thus separated until 1729. In Stat, at Large " South Carolina" is men- 
tioned in 1G96. 



72 EARLY HISTORY OF SOUTH CAROLINA. 

of Virginia.''" Like the Virginians from whom they 
had emigrated, they cultivated chiefly tobacco and 
Indian corn, and trafficked for other articles which 
they needed with the traders from New England. In 
October, 1677, Samuel Stevens, a man of virtue and 
ability, was commissioned to succeed Governor Drum- 
rnond ; and he was permitted still to conduct the 
government in the most democratic manner. He 
was to act entirely by the advice of a council of 
twelve, six* of whom he himself selected, and the 
other six were chosen by the assembly. This assem- 
bly of twelve men, elected by the freeholders, made 
laws, and had also a large share of executive powers. 
They convened and adjourned themselves; appointed 
civil officers and the ministers of churches; and no 
taxes could be imposed without their consent. There 
was perfect freedom of religion ; and all men were 
declared equal in privileges on taking an oath of 
allegiance to the king and fidelity to the lords pro- 
prietors. 

When in 1669 the Assembly passed laws to exempt 
new-comers from paying taxes for one year; to pre- 
vent for five years the suing for debts contracted out 
of the colony; to prohibit strangers from trading with 



* In "Public Acts, North Carolina." is a copy of this " Groat Deed 
of Grant," dated May 1, 1668, and signed by Albemarle, Berkley, Car- 
teret, Craven, Ashley, and Colleton, By this deed lands were granted 
to the settlers, at their request, to be held on the same terms as in Vir- 
ginia ; the grants of the governor being effectual in law, " for the enjoy- 
ment of the said land or plantation, and all the benefits and profits of 
and in the same (except one-half of all gold and silver mines,) to the 
party to whom it is granted, his heirs and assigns forever, he or they 
performing the conditions aforesaid." 



EARLY HISTORY OF SOUTH CAROLINA. (3 

the Indians; to allow marriages on simply declaring 
mutual consent before the governor and council and 
other witnesses ; and to forbid the transfer of lands 
for two 3^ears — the proprietors -without delay con- 
firmed their enactments, as though indeed they would 
deny them nothing, however strange and incompati- 
ble with their own interests, provided it pleased the 
colonists and might be an inducement for others to 
join them. 

The counties of Albemarle and Clarendon were 
founded under the charter of 16G3. Two years after- 
ward a second charter was bestowed upon the same 
noblemen, chiefly because the extent of territory then 
given did not include all the region of North Ame- 
rica, in a southward direction, which England was 
disposed to claim. The limits of the province were 
now enlarged to 29° on the south, and 36° 30' on the 
north, including all within these parallels from the 
Atlantic to the "South Seas" or the Pacific [1677]. 
To this immense tract of country were afterward 
added the Bahama Islands, lying eastward in the At- 
lantic. Perhaps this extension of the grant, which 
embraced two more degrees on the south, was in an- 
ticipation of the treaty concluded with Spain, and by 
which the latter power relinquished her pretensions 
to the territory in North America then in possession 
of the English. 

There are two other differences between the char- 
ters. In the first the territory granted is spoken of 
as one province. In the second, power is given to 
subdivide the province into counties, baronies, and 
colonies, with separate and distinct jurisdictions, 
7 



T-i EARLY UISTORY OF SOUTH CAROLINA. 

liberties, and privileges. The second charter is also 
more explicit in matters of religion ; the proviso in 
the first restraining dissenters from the Church of 
England, being changed to a promise or declaration 
that such persons should not be molested for their 
religious opinions and practice. [§ 18.] 

This second charter, which is dated June 30th, 
16G5, formed the basis of the government of Carolina 
until its surrender to the king by the proprietors. A 
synopsis of its provisions is necessary for a proper 
understanding of much of our history during that 
long period. 

To the king were reserved the allegiance of the 
settlers and the sovereign dominion over the country ; 
in all other respects the noblemen to whom the charter 
was granted, and their heirs and successors, were con- 
stituted the true and absolute lords and proprietors, 
to hold the iDrovince as their ov/n, with no other ser- 
vice or duty to the king than the annual payment 
of twenty "marks" (about $04), and the fourth part 
of the gold and silver ore that should be found 
within the province. 

To the proprietors was also granted the power, 
from the king as the head of the Church of England, 
to cause churches and chapels to be built and conse- 
crated, and to appoint the ministers of them ; and 
also such independent jurisdiction as was held by the 
bishops of Durham, who from the earliest times of 
the English monarchy had regal authority in their 
county — who appointed judges, pardoned treason, 
murder, and other crimes j and all offenses were said 



EARLY HISTORY OF SOUTH CAROLINA. i'O 

to be committed against their peace, and not, as in 
other places, against the peace of the king. 

To the lords proprietors was likewise granted the 
power to subdivide the province, as we have pre- 
viously mentioned ; "and also to ordain, make and 
enact, and under their seals to publish au]/ laws and 
constitutions whatsoever, either appertaining to the 
public state of said whole province or territory, or of 
any distinct or particular county, barony or colony 
of or within the same, or to the private utility of 
particular persons, according to their best discretion, 
hy and imtli the advice, assent and approhation of the 
freemen of the said province or territory, or of the 
freemen of the county, barony or colony for which 
such law or constitution shall be made, or the greater 
part of them, or their delegates or deputies," and 
whom, for this purpose, the proprietors should, from 
time to time, cause to assemble in such manner and 
/orm as to them should seem best. 

It was however reserved to the proprietors, or their 
appointed magistrates, when any sudden occasion 
would prevent the calling of the Assembly, to pro- 
claim ordinances for preserving the peace or for the 
better governing of the people, provided such ordi- 
nances were in accordance with the laws of England, 
and did not affect the freehold or other property of 
the people. 

It was granted to the proprietors to build towns 
and cities and form manors — to erect forts and other 
fortifications — to make war, and have complete mili- 
tary power in all respects as a general of an army 



76 EARLY HISTORY OF SOUTH CAROLINA. 

lias ; and to suppress rebellions and establish martial 
law in the province. 

The province of Carolina was to be distinct from 
all other provinces, and its inhabitants were to be 
liege subjects directly to the king, and could not be 
compelled to answer in any court out of the province 
except in the courts of England. The charter' 
offered particular encouragements to all who would 
settle in the province. The permission of transport- 
ing themselves and families w^as accompanied with 
the royal assurance of their protection as still a part 
of the English people, and of their right still to claim 
and enjoy all the privileges of British subjects. 

To them also was given the freedom of commerce 
to and from the ports of England, without distinction 
as colonists ; and to export free of duty all tools and 
implements necessary to the cultivation and improve- 
ment of the land, and for seven years to import freely 
into England such agricultural productions as at that, 
time were supposed likely to become the most valua- 
ble productions of the new j)rovince. 

The proprietors were to establish such sea-ports as 
they pleased, and to have for themselves the revenues 
arising from the customs and duties; but these were 
to be assessed by the proprietors " by and with the con- 
sent of the free people, or the greater part of them." 

The lands in the province which should be pur- 
chased or otherwise obtained from the proprietors, 
were to be held as the absolute property of those who 
should obtain them. The proprietors could them- 
selves dispose of all their share in the province. 

The pro^^rietors had power to confer, within the 



EARLY HISTORY OF SOUTH CAROLINA. 77 

province, marks of distinction and titles of honor, 
provided they were not the same as those conferred 
in England. 

But the most important encouragement offered to 
the settlers was the religious freedom to dissenters 
from the Established Church of England. The charter 
conferred upon the proprietors the j)ower of granting, 
in such manner and with such restrictions as to them 
might seem fit, indulgence and freedom in matters of re- 
ligion, " and that no such person or persons, unto whom 
such liberty shall be given, shall be any way molested, 
punished, disquieted, or called in question for any 
difference in opinion or practice in matters of religious 
concernment, who do not actually disturb the civil 
peace of the province, county, or colony that they 
shall make their abode in ; but all and every such 
person and persons may, from time to time and at all 
times, freely and quietly have and enjoy his or their 
judgment and . consciences in matters of religion 
throughout all the said province or colony, they 
behaving peaceably, and not using this liberty to 
licentiousness, nor to the civil injury or outward dis- 
turbance of others." 

At this time in England the dominion of the Pres- 
byterian party had just been superceded by that of 
the Episcopalians; and the injuries the latter had 
received, produced, as is natural, a spirit of intoler- 
ance against all dissenters and non-conformists. By 
the former party the use of the Book of Common 
Prayer had been forbidden, even in private houses ; 
and thousands of Episcopal clergymen had been 
driven from their benefices, and subjected to insult 
7* 



78 EAELY IIISTOEY OF SOUTH CAKOLTXA. 

and injury. The House of Commons in 1661, on 
the other hand, began the retaUation, by resolving 
to expel from among themselves all who would not 
take the sacrament according to the form of the 
C|iurch of England. Episcopal ordination was de- 
clared necessary for preferment to the livings of the 
church ; and in consequence several thousand minis- 
ters, in one day, were obliged to leave their benefices. 
These and other extreme measures were enacted, that 
show how little harmony existed between the relig- 
ious parties at the period of the Restoration. 

Of the eight proprietors of Carolina, all but the 
Earl of Shaftesbury were advocates of episcopacy. 
It may appear remarkable that in the charter, the 
civil rights granted to the colonists are secured to 
them by the king independently of the proprietors, 
while religious freedom was left subject to their will 
and restriction. But their liberal interpretation of 
this clause of their charter will be manifest in the 
nnrestricted toleration of all sects, which they 
ordained in the body of laws or frame of government 
afterward prepared for their colonists in Carolina; 
a toleration the more to be admired when we consider 
the spirit of prosecution which still warmly existed 
in all denominations of Christians in the mother 
country.* 

But if we compare the charters of Connecticut 
[1662] and Rliode Island [July, 1663] with that of 
our ovv^n colony [March, 1663] it will be evident 

* The charter " had an overplus power to grant liberty of conscience, 
although at home was a hot persecuting time." (Archdalc's Descript, 
of Carol.) See also Case of Dissenters, in Appendix. 



EARLY HISTOllY OF SOUTH CAIIOLIXA. 79 

that the self-interest of Clarendon and his associates 
denied to Carolina many civil privileges, Avhich it 
would not have seemed strange at that time to grant. 
The colonists of Connecticut elected all their officers 
without interference, made their own laws without 
the concurrence or veto of the king, and administered 
justice without appeals to the English courts. In 
Carolina, on the contrary', the governor and ail 
superior officers were appointed by a body of noble- 
men separated from the colonists by the breadth of the 
Atlantic ocean, all laws were subject to the negative of 
the same noblemen, and appeals were allowed to the 
courts of England. The charter of Rhode Island 
constituted so pure a democracy, that it has been 
cherished as a system of republican government till 
our own days. Under that of Carolina, on the other 
hand, so pure an aristocracy was contemplated that 
the preamble of the subsequent " unalterable laws" 
of 1669, avowed the object of the proprietors to be 
an avoidance of a " numerous democracy." ' Even 
the proprietary charter of Maryland [1632], which 
is said to have been the model of that of our colony, 
was more liberal to the civil and religious equality of 
the settlers, and also secured to them an untram- 
meled participation in framing their own laws. In 
preparing the proprietary charter of Carolina, the 
royal power appears not to have been so much 
respected, nor the welfare and freedom of the settlers 
so much regarded, as the pecuniary advantages and 
political importance of the lords proprietors them- 
selves, which we will endeavor to show in the foUow^- 
ing cha]jter. 



80 EARLY HISTOlir OF SOUTH CAROLINA. 



CHAPTER IV. 

The Proprietors dissatisfied with the results of their Colonial Policy — ■ 
Treaty between England and Spain— A more perfect form of Govern- 
ment designed for the whole Province — The Fundamental Constitu- 
tions — The Founding of a New Colony to be governed by these Con- 
stitutions — The Settlement directed to be made at Port Eoyal — Wm. 
Sayle appointed first Governor — Jos. West commander of the fleet — 
Instructions to Sayle, West, and other Officers — Arrival at Port 
Eoyal — Leave Port Royal and settle on Ashley River — Old Charles 
Town — Death of Sayle. 

The beautiful and commodious harbor of Port 
Royal, which had excited the admiration of Spanish 
and French voyagers, became also the chosen spot 
for the first English settlement in Carolina. The 
colony in Albemarle had been begun by immigrants 
from Virginia before the proprietors obtained their 
charter ; and its vicinity to the government of Sir 
William Berkley prompted the immediate extension 
of the proprietary authority over the settlers. But 
the hearts of the proprietors were fixed on Port 
Royal. In 16G4, they dispatched to Barbadoes the 
sliip Jolui & Thomas, with arms and ammunition 
to be sold to all who desired to undertake, on liberal 
ofiers, a settlement at Port Royal. But the inhabit- 
ants of Barbadoes who wished to remove to Carolina, 
had in August, 1663, sent out commissioners in the 
Adventure, to explore the coast ; and it was, no 
doubt, on account of the relation which they gave of 
the hostile disposition of the Indians, and the pres- 
ence of Spaniards at Port Royal, and on account of 
their representation of the advantages of Cape Fear 



EARLY HISTORY OF SOUTH CAROLINA. 81 

River, that Major Jolui Yeamans and his assoo'ates 
selected the Latter phice. Their choice was acoeded 
to by the proprietors whose principal aim was to gain 
settlers for any part of their vast territory.''' Yet 
soon after Yeamans was made governor of Clarendon 
county at Cape Fear, and the region extending 
thence to the southernmost limit of Carolina, it was 
declared that his commission should not be a hin- 
drance to the appointment of another governor " in 
the proposed settlement to the south of Cape 
Romania,"f which was near the mouth of the Santee, 
and soon obtained the name of Cape Carteret, in 
compliment to one of the proprietors. 

The third colony which it was now determined to 
form, was destined also for Port Royal ; and it was 
the design of the proprietors to establish there, upon 
a constitutional basis, a system of government, com- 
mensurate with the magnitude of their dominion, 
and the high powers which they derived from their 
charter. 

Six years had passed since they had been made 
the absolute lords of Carolina, and they had reason 
to be dissatisfied with the results of their efforts to 
colonize the country. At Chowan and Cape Fear, 
the increase of population and the development of" 
the productiveness of the land had been retarded by 
the selection of unfavorable situations. Instead of 
the realization of sudden wealth, the colonists were 
contented if they gained the comforts of life from 
raising cattle, cultivating an untried soil, (chiefly 

* Ililton's Relation. MS. from papers in Loudon. . 



82 EARLY HISTORY OF SOUTPI CAROLINA. 

with tobacco,) or felling the forests . for the exporta- 
tion of lumber. The proprietors did not, merely from 
motives of benevolence, concede extensive privileges 
and contribute their private means for the advance- 
ment of the colony. They had hoped for a large 
remuneration in a few years. But the profits of the 
little commerce that had begun in Albemarle and 
Clarendon, were reaped by the active shipowners of 
New England; and there remained only the rents of 
land to reimburse the heavy expenditure of the pro- 
prietors. Yet when the first payments became due, 
disturbances arose, the quit-rents were remitted, and 
for the sake of peace the settlers were further in- 
dulsfed with such chano-es in the terms of their lands 
as they themselves desired. 

In the mean time, the treaty [16G7] between Eng- 
land and Spain, acknowledging the claims of the 
English possessions in America, was calculated to 
encourage the proprietors in their contemplated set- 
tlement at Port Royal; to the accomplish m.ent of 
which they now directed their earnest efforts. Wil- 
liam Saylo had lately returned from a voyage among 
the isles along the coast of Florida,* and the proprie- 
tors, as we have noticed, solicited and obtained the 
addition of the Bahama group to their former grant. 
About this time, their previous indefinite policy with 
respect to their colonies became more settled under 
the influence of the Earl of Shaftesbury ,f to whom, 

* See Appendix, Ext. Wintlirop's New Engl. 

t The Earl of Clarendon, who lived in exile, took no active part in the 
affairs of the colony. The same remark may apply td the aged Duke 
of Albemarle, who, though elected in Oct., 16G9, the first palatine, 
survived but a few months. Sir Jno. Colleton was dead. His brother 
had become proprietor in his stead. 



EARLY HISTORY OF SOUTH CAROLINA. 83 

it is believed, was committed the preparation of the 
phin for founding the new colony. The distin- 
guished abilities of Locke, the friend of Shaftesbury, 
were engaged in this important task, and the celebrat- 
ed " Fundamental Constitutions," which he framed, 
were solemnly adopted by the proprietors in July, 
16G9> 

The peculiar system of government designed by 
this constitution, will be seen in a brief view of some 
of its provisions. 

One of the proprietors was chosen palatine or gov- 
ernor, with regal authority within the province. At 
his death, the oldest of the remaining proprietors 
should be his successor. 

An hereditary nobility was created, consisting, 
besides the eight lords proprietors, of two orders, 
namely landgraves and caciques. Their dignity was 
supported by grants of large estates, and secured by 
making these estates forever inseparable from the 
titles and privileges of the respective orders. 

The province was divided into counties ; each 
county into eight seignories, which should belong to 
the eight lords proprietors; eight baronies, which 
should belong to the provincial nobility ; and four 
precincts, each containing six colonies, which were 
reserved for the people. 

Each seignory, barony, and colony contained 12,000 
acres, which made each county 480,000 acres, or 

* Locke also composed, at the request of Shaftesbury, a treatise ou 
the Growth and Culture of Vines and Olives, the Production of Silk, &c. 
See his works. That Locke wrote the Constitutions is proved by the 
proprietors calling them "the excellent system of Locke." See Appen- 
dix. Lett, to Ludwell, 1693. 



84 EARLY HISTORY OF SOUTH CAROLINA. 

750 square miles. Of this land, the eight proprie- 
tors would have 96,000 acres ; and as there were 
to be as many landgraves as counties, and twice 
as many caciques, each landgrave's share was ap- 
pointed to be four baronies, or 48,000 acres, and 
each cacique's share, two baronies, or 24,000 acres. 
There were left three-fifths of each county, or 
288,000 acres, for the people. 

These proportions of land and of the provincial 
nobles, were to be invariably preserved as an increase 
of counties should be made in the province. The 
effects of this arrangement might be seen from the 
mode of establishing the parliament. " There shall 
be a parliament consisting of the proprietors, or their 
deputies, the landgraves and caciques, and one free- 
holder out of every precinct to be chosen by the free- 
holders of the said precinct respectively. They shall 
sit all together in one room, and have, every mem- 
ber, one vote." 

The landgraves and caciques were created by the 
lords proprietors ; and consequently the parliament, 
composed in this manner, would have given a major- 
ity to the aristocracy until nine counties should have 
been formed, when the representatives of the people 
would have obtained a majority of one vote. But 
this would have been of no avail to the democratic 
element of the government, since the proprietors 
themselves had a vote on all laws passed by the 
Provincial Parliament. In carving out this system, 
other provisions were included in the fundamental 
laws, resuscitated, perhaps, from the times of King 
Alfred, but unsuited to the usages of the colonists, 



EARLY HISTORY OF SOUTH CAROLINA. OJ 

and discordant with their notions of personal free- 
dom. Any lord of a seignory or barony was per- 
mitted to lease, for a term of }- ears, a part of his 
estate; and if it were in one piece, containing 
between 3,000 or 12,000 acres, it might constitute 
a manor, by grant of the pahatine's court. The 
lord of each seignory. barony, or manor, could 
try his leetmen or vassals, in all civil and criminal 
cases, without appeal, except by previous registered 
agreement. Nor could " any leetman or leetwoman 
have liberty to go off from the land of their particu- 
lar lord and live anywhere else, without license 
obtained from his said lord, under hand and seal." 

In framing also the higher judicial tribunals, the 
wisdom of the legislator did not overlook the impar- 
tial administration of justice ; but the power and 
interests of the proprietors and nobles were made pre- 
eminent, and their position and honors, perhaps, too 
much exalted above the people. There were eight 
superior courts, the j)alatine's, chancellor's, chief jus- 
tice's, constable's, admiral's, treasurer's, high steward's, 
and chamberlain's ; and besides these, county courts 
and precinct courts. Among the officers of the 
supreme courts, were vice-chancellors, recorders, jus- 
tices of the bench, masters, marshals, lieutenant-gen- 
erals, consuls, proconsuls, under-treasurers, auditors, 
comptrollers, surveyors, vice-chamberlains, and pro- 
vosts. ' . 

The chief executive authority was in a grand 
council, which had power to determine controversies 
between the proprietors' courts, arising from conflict- 
ing jurisdictions and methods of proceeding — to make 
8 



86 EARLY HISTORY OF SOUTH CAROLINA. 

peace and war — to conclude treaties with the Indian 
tribes — to issue general orders for raising, directing, 
or disbanding the forces by sea or land — and to dis- 
pose by their orders on the treasury of all money 
granted by acts of the parliament. 

Whatever matters were proposed in parliament 
must first have been proposed and passed by the 
grand council. While the parliament was biennial, 
(and could be dissolved by the governor with the con 
sent of any three deputies,) on the other hand, the 
grand council met monthly, and oftener if necessary. 
It was to consist of the palatine and seven proprie- 
tors, or their deputies, and the forty-two councilors 
of the proiDrietors' courts ; and these were so chosen 
as to give a preponderance of power and influence to 
the proprietors and their nobles. 

Fifteen clauses of the Fundamental Constitutions 
relate to religion. The most peculiar of these enact 
that every person above seventeen years of age 
should, under penalty of forfeiting the benefit and 
protection of law, be a member of some church or 
profession, and of only one at a time ; that no one 
should hold an estate, or even dwell within the 
province, who did not acknowledge a God, and that 
he is publicly and solemnly to be worshiped ; but 
this w^as not to exclude Jews, or heathens, provided 
seven or more of them agreeing in their persuasion, 
should form a church and adopt a name to distinguish 
themselves from others. " No person whatsoever 
shall disturb, molest, or persecute another for his 
speculative opinions in religion, or his way of wor- 
ship." 



EARLY HISTORY OF SOUTH CAROLINA. 0/ 

It is worthy of notice also, that no law passed by 
the parliament could become permanently of force 
unless ratified by the seals and signatures of the pa- 
latine himself and three more of the lords proprie- 
tors ; that no commentaries should be made on the 
laws or any part of the Fundamental Constitutions ; 
that all laws should expire, without a repeal, at the 
end of every sixty years ; that juries should render 
their verdicts by a majority of the twelve ; that no 
one should plead another's cause till he had taken 
an oath in open court that he did not plead for money 
or reward ; that every freeman should " have abso- 
lute power and authority over his negro slaves ;" that 
the owners of land, upon any title or grant what- 
soever, should, after 1G89, pay to the proprietors an 
annual rent of a penny an acre ; that any alien could 
become naturalized by subscribing the Fundamental 
Constitutions;, and that no one in the province should 
be considered a citizen, who did not after seventeen 
years of age subscribe the same and promise to 
defend and maintain them to the utmost of his 
power. 

Such was the grand model and favorite plan of 
government, which, the proprietors said in their 
preamble, we have agreed " to be perpetually estab- 
lished amongst us, unto which we do oblige ourselves, 
our heirs and successors in the most binding ways 
that can be devised ;" and which they also very truly 
stated to be for " establishing the interest of the 
lords proprietors with equality and without confusion, 
and tliat the government of this province may be 
made most a2;reeable unto the monar'chv under 



8S EARLY PIISTORY OF SOUTH CAROLIXA. 

which we live, and of which this province is a part, 
and that roe may avoid erecting a numerous democran/." 

At the time of the adoption of these Fundamental 
Constitutions, the officers to conduct the expedition 
to Port Royal, and to govern the colony, had heen 
already chosen, and their commissions and instruc- 
tions prepared. 

The commission of Gov. Sayle [July 2G, 1GG9] 
conferred upon him the executive power, restricted 
by the advice and consent of a majority of the 
council. The acts of the governor and council were 
also to be conformable to the instructions annexed to 
the commission, and to the Fundamental Constitu- 
tions and form of government transmitted at the 
same time, engrossed on parchment and under the 
hands and seals of the proprietors. 

If Governor Sayle should leave the province, he 
was empowered, with the approbation of a majority 
of the council, to appoint a deputy governor with 
the same powers that had been conferred upon him- 
self Or in case of Gov. Sayle's death, or departure 
without the nomination of a deputy, then the coun- 
cil should appoint a governor to act until the pleasure 
of the lords proprietors could be made known. In 
a new settlement many things were necessarily left 
to the discretion of the governor. But as the inter- 
ests of the proprietors were most affected in the dis- 
posal of land, it was strictly enjoined that grants of 
land should be issued by the governor only with the 
consent of a majority of the ten councilors, that is 
of six, three of whom should be deputies of the 
proprietors. 



EARLY HISTORY OF SOUTH CAROLINA. 89 

The instructions referred to in this connnission, 
state that as "the number of people which will at 
first be set down at Port Koyal, will be so small, 
together with want of landgraves and caciques, that 
it will not be possible to put our grand model of gov- 
ernment in practice at first, and that notwithstanding 
we may come as nigh the aforesaid model as is prac- 
ticable — First, as soon as you arrive at Port Roj-al, 
you are to summon all the freemen that are in the 
colony, and require them to elect fice persons, who 
being joined to the live deputed by the respective 
proprietors, are to be your councU, with whose advice 
and consent, or at least six of them, all being sum- 
moned, you are to govern according to the limitation 
and instructions following, observing what can at 
present be put in practice of our Fundamental 
Constitutions and form of government. Secondly : 
You are to cause all the persons so chosen to swear 
allegiance to our sovereign lord the king, and sub- 
scribe fideJ'itij and sidnnission to the proprietors and, 
the form of government by them established. But in 
case any man for religion's sake be not free to swear, 
then shall he subscribe the same in a book for that 
use provided, which shall be deemed the same with 
swearino;." 

Gov. Sayle was farther instructed to select, with 
the aid of council, a suitable spot on which to build 
a fort, under the protection of which the first town 
should be placed. In this fort their stores of all 
sorts should be kept. If the town should be built on 
an island, the whole island should be for the people; 
if on the main land, the adjacent lands should be for 



90 EARLY HISTORY OF SOUTH CAROLINA. 

the people, in order that they might at first dwell 
near each other. But no lands for the people, the 
proprietors, or nobility, were to be taken within two 
miles and a half of any Indian town (if on the same 
side of a river), as it ^vas hoped that the Indians 
•would be induced to become a part of the colony. 

With the consent of council, the governor should 
establish " such courts and so many" as should for the 
time be necessary for the administration of justice, 
till the " grand model of government" could be put 
in execution. 

The governor was instructed " to summon the free- 
holders of the colony and require them in our names 
to elect twentii persons, which, together with our 
deputies, for the present are to be youv ixirl lament, by 
and with whose consent, or the major part of them, 
you are to make such laws as you shall from time to 
time find necessary ; wdiicli laws being ratified by 
you, and any three of our five deputies, shall be in 
force as in that case provided in the twelfth and 
other articles of our Fundamental Constitutions and 
form of government."* 

To induce speedy immigration, all free persons 

above sixteen years of age that should come to settle 

in the colony before the 25th March, 1670, should 

,have 150 acres of land for himself, and 150 more for 

every able man servant he should bring with him, 

* The power granted by Charles II. to the eight proprietors, " who 
again, by common consent, centered that power in four of them, viz. : 
in a palatine of their own election, and three more, who were era- 
powered to execute the whole poioers of the charter, and is called a pala- 
tine's court, their deputies in Carolina executing the same, as from 
their principals they are directed." — Archdale's Descript. of Car. 



EARLY HISTORY OF SOUTH CAROLINA. 91 

and 100 acres for every woman servant, or man 
servant under sixteen 3'ears of age; and all servants 
should have 100 acres apiece, as their own, when 
their term of service should have expired. If such 
persons arrived after the above date and before 25th 
March, 1671, they should be entitled to less land ; 
and to still less if they arrived in the year ending 
25th March, 1672. 

As the tenure of land was of great importance to 
the settlers, it was ordered that when the claim of 
any person to a certain portion of land was made ap- 
parent to the governor and council, they should issue 
a warrant to the surveyor-general, who should lay out 
the land, and the same having been recorded, and the 
person having sworn or subscribed allegiance to the 
]\ing and fidelity to the Fundamental Constitutions, a 
grant should be issued by the governor in the name 
of the proprietors, entitling him and his heirs and as- 
signs to the land forever; provided that, after the 
29th September, 1690, he should pay to the proprie- 
tors the annual rent of a penny, or the value of a 
penny, for every acre. This grant should be signed 
by the governor and three of the council, and being 
recorded, should be a " full and prime conveyance of 
the land." 

The cfovernor and council were also instructed to 
control the furnishing, from the stores of the proprie- 
tors, of victuals, clothing and tools, to such of the 
poor settlers as should need them ; and to direct the 
amount of presents, from the same stores, that should 
be given to the neighboring Indian chiefs to secure 
their goodwill and friendship. 



92 EARLY IlISTOKT OF SOUTH CAIJOLTNA. 

Suitable instructions of the Scame date were pre- 
piired for Mr. Joseph West, who was commissioned 
^' governor and commander-in-chief" of the/"'lleet and 
the persons embarked in it bound for Carolina," until 
his arrival at Barljadoes. 

lie was first to sail to Kinsale, in Ireland, to ob- 
tain twenty or twenty-five servants for the proprie- 
tors, whose object was to form a plantation in the 
vicinity of the first settlement at Port Roj^al, under 
the management of Mr. West. In the various soils 
experiments were directed to be made in vines, olives, 
ginger, cotton, indigo, and different vegetables, such 
as Indian corn, beans, peas, turnips, carrots and po- 
tatos ; and he was wisely told " never to think of 
making iiuy commodity your business further than for 
experience sake, and to have your stock of it for 
planting increase till you have sufficiently provided 
for the belly by planting store of provisions, which 
must in all your contrivances be looked upon by you 
as the foundation of your plantation." He was also 
instructed to fence off a piece of ground for cattle, to 
be obtained from Virginia, and to get hogs from Bar- 
badoes while on his voyage to Port Royal. 

Mr. West was appointed also storekeeper in the 
colony for the goods sent out by the proprietors, and 
which he was instructed to put in store-houses within 
the fort at Port Royal, and to deliver every week, to 
such persons as the governor and any three of the 
deputies should direct, certain portions of beef, peas, 
flour, oatmeal or bread, and tools, clothes, and fish- 
hooks ; but on a credit of three months, after which 
such persons were required to give their obligations 



EARLY HISTORY OF SOUTH CAROLINA. 93 

to a recorder for the amount received, and were 
charged interest at ten per cent, for the time it should 
remain unpaid. 

If there should be no money in the settlement, pay- 
ment could be made in articles of produce at specified 
rate?, as two pence or three pence a pound for ginger, 
according to its preparation, and other rates for indigo, 
silk, cotton, wine, olive oil, wax, and pipe staves ; for 
such commodities it was then supposed would be the 
products of the colony. 

The warlike stores were also to be kept within the 
fort, under the charge of Mr. John Rivers, and guns, 
powder, and shot could be procured by the settlers on 
the same terms. 

One of the ships commanded bj' Mr. Henry Braine, 
after the landing of the settlers, was to return to 
Barbadoes'or to Virginia, for the purpose of convey- 
ing passengers or freight again to Port Roj'al. He 
was thence to sail to whatever port Governor Sayle, 
Mr. West, and himself should decide upon. 

Thus we perceive how carefully, and in many re- 
spects how wisely, the lords proprietors projected the 
first settlement of South Carolina. They provided, it 
is true, for their own interests in the political, agri- 
cultural, and commercial arrangements which they 
designed ; yet the security and weliare of the settlers 
were not neglected ; and a people willing to submit to 
the peculiar plan of government and to the proposals 
of the proprietors, might have found in their condi- 
tion nothing wanting to make them happy but indus- 
try and contentment. 

We are left in doubt with regard to the time at 



94: EARLY HISTORY OF SOUTH CAROLINA. 

^vhicIl the expedition set sail. It is said to have left 
England in Januaiy, 1670. The care and prepara- 
tion bestowed by the proprietors upon the preliminary 
plans of the settlement*, were followed by equal 
energy and solicitude in their executive':. At their 
joint expense they sent out three vessels and several 
hundred able men, with provisions for eighteen' 
months, and tools, ammunition, and whatever else 
was thought necessary for a new settlement. '=" The 
majority of the settlers, including Governor Sayle, 
were in religion dissenters from the Church of Eng- 
land ; a fact worthy of notice on account of its con- 
nection with the Fundamental Constitutions under 
which they were about to be governed.f 

The fleet, whether it sailed to Ireland and Barba- 
does or not, we are certain reached the islands of 
Bermuda in February, 1670.J It sailed {hence and 
arrived at Port Royal, in Carolina, on the seventeenth 
day of Mcu'ch.^ 

In the absence of minute records we can only pre- 
sume that, in accordance with his instructions, Go- 



* Appendix. Wilson's Pamphlet, 1G82. Letter to Sotbill in Appendix. 

t !^ee Petition of Boon — Appendix. 

X Appendix — Sayle's Codicil. 

I See Appendix. Council Journal— case of Christopher Edwards 
and Kichard Deyos. The decision was made by West and others who 
had arrived in the first expedition. By Bayle's Codicil they were at 
Bermuda in February. The iastructiohs of the proprietors directed 
them to Port Eoyal, and early accounts state that they went there. 
Wilson, secretary to the proprietors in London, in his pamphlet dedi- 
cated to the palatine, asserts the first arrival of the colonists at AMey 
Hirer to have been in April. By antedating the two years in the case 
of Edwards and Deyos, the arrival at Port Royal 1 give on ITth March, 
1670. 



EARLY HISTORY OF SOUTH CAROLINA. 95 

vernor Sayle immediately summoned the freemen who 
accompanied him, and that they elected five persons 
to constitute the grand council in conjunction with 
the governor, who represented the palatine (the Duke 
of Albemar'-), and with five other deputies respec- 
tively of the Earl of Craven, Lord Berkley, Lord 
Ashley, Sir George Carteret, and Sir Peter Colleton ; 
who, it seems, were at that time the proprietors re- 
sidinsj in Endand. 

By the advice of this council the place for building 
a fort and a town was to be selected. Their determi- 
nation not to begin their settlement at Port Royal 
was no doubt in consequence of its exposure to the 
attacks of the Spaniards from St. Augustine by sea 
and land, and the evident connection of the neigh- 
boring warlike Indian tribes with the Spanish inter- 
ests. No cause less than the security of the inHmt 
colony could have justified the abandonment of the 
situation chosen by the proprietors. Probably before 
the vessels were sent on the vo^^ages to which they 
had been ordered in England, Governor Sayle and 
his colonists were transported to Charleston Harbor, 
which was called by the Spaniards St. George's Bay. 
Li the following month of April, they disembarked 
on the first high land on the western bank of the 
Keawaw or Ashley River, on a neck of land which 
they named Albemarle Point.* Here they entrenched 
themselves, and began to lay off streets and town 
lots, and to build a fortification and dwelling-houses. 
I,t appears that it was not till the following year that 

* At present a part of the plantation of W. M'K. Parker, Esq. 



OG EAKLY HISTORY OF SOUTH CAROLINA. 

the name of "Charles Town" was given to their 
place of settlement. 

Scarcely had the settlers entrenched themselves, 
■when the jealous Spaniards sent from St. Augustine 
a party to attack them, although peace then sub^isted 
between Spain and England. The vessel of the 
Spaniards entered Stono inlet, but having found the 
colonists stronger than they expected, they hastily 
returned to St. Augustine. 

In September, Governor Sayle was so reduced by 
sickness that he made a final disposition of his pro- 
perty, bequeathing his " mansion house and town lot 
in Albemarle Point" to his son Nathaniel. Within 
a few months afterward he died. No record or tra- 
dition informs us of the spot where repose the remains 
of the first governor of South Carolina. 



EARLY HISTORY OF SOUTH CAROLINA. 97 



CHAPTER V. 

Joseph West administers by clioice of the Council — a Parliament 
formed — Powers of the Grand Council — Condition of the Government 
— Arrival ol^Settlers and Towns laid off for them — -Temporary Laws 
and Instructions of 1671 — Instructions to Capt. Halsted — Remarks 
on the Conduct of the Proprietors — War with the Kussoes — Acts 
passed by Parliament — Sir John Yeamans claims the office of Go- 
vernor — Denied by the Council — Appointed Governor by Proprietors 
— His Administration — Introduction of Negro Slaves — The Pro- 
prietors dissatisfied with Yeamans — Popular Disturbances — Incur- 
sion of the Si)aniards — West appointed Governor — Prosperous Con- 
dition of the Colony — Popularity of Gov. West—Alteration of the 
Fundamental Constitutions of 1GG9 — A second Set sent out — Re- 
jected by Parliament — Temporary and Agrarian Laws of 1672 — 
Political Parties begin in the Colony — Accession of Settlers — 
Plantation of Long Island under Governor Percival — Proprietors 
take the Indian Trade into their own hands — Cession of Land by the 
Indians — War with the Westoes — Removal of Charles Town to 
Oyster Point — Condition of the Colony — Policy of the Proprietors 
— West superseded as Governor. 

Colonel Joseph West was probablj^ nominated by 
Gov. Sayle, during whose last sickness or imme- 
diately after whose death, he was chosen by the 
grand council to act as governor, in accordance 
with the first instructions of the proprietors. We 
are certain that he was filling this office on the 10th 
April, 1071. 

The grand council elected by the freemen on the 
arrival of Sayle, continued to govern the colony 
until the proprietors' ship, the Blessinf/, brought 
further instructions in August. On account of the 
loss of records, we have no knowledge of a parlia- 
ment during the administration of Gov. Sayle. That 
9 G 



98 EARLY HISTORY OF SOUTH CAROLINA. 

■which was now elected chose, on the 25th of the 
same montli, five of their members (Thomas Gray, 
Maurice Mathews, Henry Hughes, Christopher Port- 
man, and Ralph Marshall) to be members of the 
grand council, in conjunction with the governor and 
deputies of the proprietors (Capt. Joli^i Godfrey, 
Stephen Bull, William Owens, Sir John Yeamans, 
and John Foster). 

The powers of the council were extensive and in- 
definite. The governor acted as ordinary and pre- 
siding judge. The council directed the military 
aifairs of the province, the police regulations of the 
town, the disposal of lands, the commerce of the 
port ; and, as a court, heard and decided causes of 
almost every nature. Complaints and petitions were 
made to them ; and committees or arbitrators were 
appointed, whose reports were acted upon, and exe- 
cution ordered according to the evidence submitted. 
Their decisions were respected even whea heavy fines 
and severe punishments were inflicted. The only 
instance of disregard of their authority, was the 
abusive conduct of the commander of the Blessing^ 
wdio for "contempt of the honor of the lords' pro- 
prietors, and the present government of this pro- 
vince," was forthwith committed into the custody of 
the marshal, until he gave security "for his good 
behavior." 

The representatives of the people, or Commons 
House of Assembly, elected at this time, seem to have 
possessed but a small share in the administration. The 
upper house, which completed the legislature, w'ere 
the governor and council, by whom all acts were 



EARLY HISTORY OF SOUTH CAROLINA. 99 

first passed and then proposed to the Commons. But 
most of the acts of a legislative character were passed 
as ordinances of the council alone. The other officers 
were a secretary of the province (Mr. Joseph Dalton) 
and a marshal (Mr. Thomas Thompson). The mili- 
tary companies were commanded by Capt. John God- 
frey and Capt. Thomas Gray. A night patrol was 
performed by all the inhabitants in turn, the town 
people performing duty twice as often as the owners 
of the adjacent farms, which required a constant 
watch against the spoliations of surrounding Indians. 
Care was taken to have the people well supplied 
with arms ; and by law the gunsmiths in Charles 
Town w^ere bound promptly to refit all firearms that 
needed repair. It was not till May, 1671j, that the 
fortification ^was finished, when Stephen Bull was 
" commissioned Master of the Ordnance and Captain 
of the fort in Charles Town." 

The inhabitants generally were observant of the 
regulations established among themselves. The slight- 
est infringement on the rights of property, or any in- 
subordination on the part of the lower class of emi- 
grants (such as had come as servants from England) 
was not permitted to pass unredressed. A spirit of 
faithful allegiance to the King of England, and obe- 
dience to the lords proprietors, characterized the set- 
tlers ; while great activity was shown by the grand 
council in their meeting weel^ly, and at times more 
than once a week, to attend to the various duties 
which devolved upon them. 

For the encouragement of the seamen of the 
Blessing (who were ten in number), the grand coun- 



100 EARLY HISTORY OF SOUTH CAROLINA. 

cil gave them the same proportion of land as was 
given to immigrants, provided they would settle 
upon it or send a servant to do so within the time 
required of other settlers. Such seamen as had pre- 
viously received grants of land, were now also re- 
quired to have it settled within two years from the 
time of their grant. By the same ship several fami- 
lies had arrived, no doubt from England, for whom 
lands and a town were ordered to be laid out on 
Stone Creek, westward of Charles Town, and in its 
vicinity. 

Since the adjacent lands were rapidly taken up by 
the selection of the settlers, provision was made in 
October, 1671, for the accommodation of future immi- 
grants by appointing a committee of five members 
of council to examine the banks of th^ Ashley and 
Wando or Cooper River, for suitable places for towns, 
which should be reserved wholly for this purpose. 

Pursuant to an order of council on the 18th of 
August, Capt. Halsted had proceeded to New York, 
and returned in December with immigrants. The 
ship Phoenix also brought a number of families from 
the same place. The principal of these newcomers 
was Mr. Michael Smith, Mdth whom a committee of 
council were directed to select a place for settlement 
on a creek south of Stono, and to lay off a town to be 
named James Town, the houses in which should be 
" twenty feet long and fifteen feet broad at least." 
It was ordained also that in future a list of all immi- 
grants should be recorded in the secretary's office, 
and that captains of vessels should give bond not to 
carry off any of the inhabitants without a special 



EARLY HISTORY OF SOUTH CAROLINA. 101 

license. Before tlie furnishing of such list and bond 
no vessel could land an}' part of its cargo. 

Capt. Halsted at his last arrival had brought three 
letters from the proprietors, addressed to Gov. Sajle ; 
and these no doubt contained the temporary laws 
and instructions, dated in London, May 1, 1671, at 
which time the death of Sayle was not known to the 
proprietors. They had, however, received informa- 
tion of the settlement made on Ashley River in the 
spring of 1670. 

The temporary laws were intended for the go- 
vernment of the colony until the increase of the in- 
habitants would admit of the administration according 
to the Fundamental Constitutions. 

It was ordained by these laws, that the Palatine 
should name the governor, and each of the other 
proprietors a deputy, who with an equal number 
chosen by the parliament, should continue to be the 
council. And when landgraves and caciques should 
be created by the proprietors, as many of them as 
should equal the number of the deputies of the pro- 
prietors should also be members of the council, that 
"the nobility may have a share in the government, 
and the whole administration may still come as near 
the form designed as the circumstances of the grow- 
ing plantation will admit." This grand council 
should have all the powers prescribed for it in the 
Fundamental Constitutions, and also of the "other- 
courts," till they should be separately instituted. 

The dignities assumed by the lords proprietors 
should entitle them respectively to the appointment 
of all the chief officers in the colony, and the num- 
9* 



102 EARLY HISTORY OF SOUTH CAROLINA. 

ber of tlieir deputies was directed by suitable arrange- 
ments ;ilways to be kept full. Besides securing to 
tbeniselves the largest share in the administration, 
the principle was announced that the balance of the 
government chiefly depended on the proper propor- 
tion of landed estates held by the proprietors, the 
nobles, and the people. 

An addition was subsequently made to these tem- 
porary laws, that no Indian upon any occasion or 
pretense whatsoever should be made a slave, or car- 
ried out of the country against his will. [About 
1683.] 

In these laws, reference was made to a set of Fun- 
damental Constitutions, different from those first sent 
out and not yet made known to the colonists. An- 
other set were really prepared which were not as 
favorable to the religious liberty of the settlers, and 
which, when made known, in February, 1673, were 
rejected by them and gave origin to an active opposi- 
tion to the plans of the proprietors. 

The instructions of the same date, which were 
addressed to Gov. Sayle at Ashley River, consisted 
of twenty articles, directing that the freeholders 
should choose twenty representatives to be joined 
with the council as a parliament, which should be 
convened in November every tivo years. They were, 
as a first act, to choose five members to the grand 
council. Liberal grants of land were promised to 
settlers and their servants. Particular directions 
were given for laying out a town, and a plan or model 
w^as sent. The governor was told to persuade the 
people, if possible, to settle high up in the country, 



EARLY HISTORY OF SOUTH CAROLINA. 103 

" to avoid the ill air of the low lands near the sea, 
which may endanger their health at their first corn- 
ing." (This advice must have been in consequence 
of sickness that occurred in the summer of 1670, and 
which had destroyed the health of the governor 
himself) 

It was also intimated that the first convenient 
healthy highland upon the river Ashley " might be 
a fit place to build the chief port town on, for unload- 
ing of ships that shall come to Carolina." 

The governor was instructed, in case of invasion 
from the the Indians, to do all that should be requi- 
site for the defense and security of the settlement, 
yet to use every means to gain the friendship of the 
surrounding tribes. Since beads were highly prized 
by these savages, particular care should be taken not 
to allow every settler to barter beads wdtli them, lest 
such articles should become too common and cheap in 
their estimation. 

The settlers who were indebted for stores furnished, 
might work out their debts by felling and preparing 
timber *' at moderate rates" for a cargo for the vessel 
of Capt. Halsted, who would sell it in the West 
Indian Islands for the proprietors. 

In this letter it was announced that Sir John 
Yeamans, James Carteret, and John Locke had been 
created landgraves of Carolina, and 12,000 acres of 
land should be set out for each, whenever they should 
desire it. 

The instructions to Capt. Halstead, which embrace 
eighteen articles, almost wholly concern the cause of 
mercantile adventure upon which he was dispatched ; 



104 EARLY HISTORY OF SOUTH CAROLINA. 

but his voyage should particularly subserve the trans- 
porting of passengers or settlers to the colon}-, when- 
ever they offered themselves. He was also directed 
to explore the Ashley, Wando, and " Sewa" rivers ; 
and to communicate to the settlers all useful informa- 
tion that he could obtain of the best modes of raising 
agricultural products, as tobacco, indigo, cotton, mul- 
berry trees for silkworms, &c. He was also in- 
structed to tell the Carolina settlers, with reference 
to the supply of provisions which he carried to them, 
that the proprietors had " been so much out of purse" 
for their good, that it was expected of them in return 
to be " fiiir and punctual" in repaying what they had 
got, " upon which fair dealing of theirs will depend 
the continuation of our supplies." 

We cannot refrain from remarking that the " true 
and absolute lords" of the immense region of Caro- 
lina, (with all its mines, quarries and fisheries,) whose 
object was declared to be the diffusion of the Chris- 
tian religion among those who knew not God, — must 
now have appeared to the colonists to abandon their 
dignity and best policy for sordid calculations. * In- 
stead of the gospel, the Indians were offered only 
glass beads ; and the needy colonists, who were yet 
struggling to maintain themselves, were required to 
repay what had been granted them (with 10 per 
cent, interest) by preparing cargoes of timber ** at 
moderate rates." Their lordships were already " so 
much out of purse" for their benefit, that unless 
punctual payment should be made, the settlers should 
expect from them no more ammunition or fish-hooks, 
blankets or provisions. At the same time a nobility 



EARLY HISTORY OF SOUTH CAROLINA. 105 

was thrust upon them, the first set of the unalterable 
Fundamental Constitutions was repudiated, and an- 
other set with essential alterations substituted, and 
numerous laws established without the concurrence of 
the people (as the charter required) and to which they 
were expected to yield an unmurmuring obedience. 

All these circumstances, however, were not yet 
known in the infant colony, and complete harmony 
still prevailed through the prudent management of 
Gov. West, who looked rather to the necessities by 
which he was surrounded than to plans and theories 
that emanated from the other side of the Atlantic. 

The tribe of the Kussoes were the first amon"; the 
neighboring Indians to assume an attitude of hos- 
tility toward the English settlement. They and their 
confederates in the small tribes southward of Charles 
Town, began, in the summer of 1671, to withdraw 
themselves from their usual familiar intercourse with 
the colonists, and to discourage other Indians who 
were friendly and in the habit of visiting the town 
for the purpose of traffic. The Kussoes declared 
themselves to be in favor of the Spaniards, with 
whose aid, they said, they intended to destroy the 
English settlement. Day by day their behavior 
became more insolent; and on every slight occasion 
they threatened the lives of the whites, whose 
property and provisions they looked upon as objects 
of plunder. Every unguarded farm suffered from 
their nightly depredations. More open acts of hos- 
tility were only prevented by the constant vigilance 
of the settlers. 

On the 27th September, the governor and council 



106 EARLY HISTORY OF SOUTH CAROLINA. 

met and ordained that war should be forthwith begun 
a2;ainst the Kussoes and their confederates. Com- 
missions were granted to Captain Godfrey and Cap- 
tain Gray. Two Kussoes, who were then in town, 
were innnediately seized and pLaced in custody. So 
accustomed were the colonists to be on the alert, and 
to have weapons in hand to protect themselves from 
surrounding dangers, that within seven days com- 
panies were formed, the enemy's country invaded 
and surprised, and many of the Indians taken captive, 
and ordered, on the 2d October, to be transjDorted 
from Carolina, unless the remaining Kussoes sued 
for peace, and paid such a ransom for the prisoners 
as siiould be thought reasonable by the grand 
council. 

This bold and effectual movement was made by 
the colonists when their condition was so essentially 
weak that the companies were obliged to act as a 
guard upon the captives whom they had taken, and 
their remuneration for services in the expedition was 
the ancient soldiers' pay, namely, the sale or ransom 
of their prisoners. 

In the winter of 1671 a scarcity of provisions 
rendered it probable that the settlers would suffer 
great distress. With the habitual forethought of 
Gov. West, it was ordained that the supplies in the 
store of the proprietors should be frugally distributed 
to the needy ; that all occupations, (except those of 
carpenters and smiths,) should be suspended for the 
planting and gathering of a crop of provisions ; that 
in future no one should be entitled to assistance from 
the public store who had not two acres well planted 



EARLY HISTORY OF SOUTH CAROLINA. 107 

with corn or peas, for every person in his family ; 
and that slothful and loitering persons should be put 
in charge of the industrious planters for the purpose 
of working for their own maintenance and the benefit 
of the community. 

It will serve to exhibit the condition and progress 
of the colony during West's first administration, to 
notice the acts passed by parliament and those pro- 
j)osed to them by the council, and which no doubt 
was also passed. 

October, 1671. — The regulation of the secretary's 
fees — The regulation of the marshal's fees — The 
rates and " scantings" of merchantable pipe staves, 
requiring the appointment by council of one or more 
" viewers" to examine all pipe staves when " any 
difference should happen upon payments or exchange 
between party and party in the province of Caro- 
lina," and the fees allowed for performance of such 
duties — The modeling of the proceedings of council 
in the determining of difference between party and 
party. 

Decei'^ber, 1671. — Acts relating to masters trading 
with servants, servants with servants, and servants 
purloining their masters' goods — Servants coming 
from England, how long to serve, and servants com- 
ing from Barbadoes, how long they shall serve from 
their respectiye arrivals — That none may retail any 
drink without license — For the speedy payment of 
the lords proprietors' debts; "and at what rates 
artificers and laborers shall work therein." This is 
the first act of parliament which we find to be rati- 
fied by the proprietors in England. 



108 EARLY HISTORY OF SOUTH CAROLINA. 

At a meeting of the grand council on 14th Decem- 
ber, 1671, Sir John Yeamans having been made a 
landgrave by the proprietors, chaimed, according to 
the Fundamental Constitutions, to be vice-palatine, 
and consequently governor of the province. But the 
council were so well satisfied with the administration 
of Col. West, that they " resolved and advised 
[nemine contra dlcente) that it is not safe or warrant- 
able to remove the government as it is at present, 
until a signal nomination from the palatine, or further 
orders or directions be received from the lords pro- 
prietors." 

But Yeamans had already been commissioned gov- 
ernor on the 21st August, when the proprietors had 
become aware of the death of Col. Sayle. He was 
the son of Robert Yeamans, alderman of Bristol, 
whose life and property w^ere sacrificed by his ad- 
herence to the royal cause. At the time of the 
colonization of Carolina, Major John Yeamans was 
residing in Barbadoes, whither he had emigrated in 
quest of fortune. When he solicited a tract of land 
from the proprietors for establishing a settlement with 
a large number of persons from Barbadoes, he was 
received with favor as a man of influence and energy ; 
and together with their commission as governor of 
Clarendon county, there was also bestowed upon him 
from the king the title of baronet. Being indebted 
for his honors to the friendship of the proprietors, he 
evinced an active zeal for the promotion of their 
interests in the province. But after a careful man- 
agement of his colony in Clarendon for four or five 
vears, he returned to Barbadoes j and the same desire 



EARLY HISTORY OF SOUTH CAROLINA. 109 

of riches that had guided him hitherto, led him 
thence to the Ashley River soon after the arrival of 
Sayle. Here he obtained grants of land, and en- 
gaged in the exportation of lumber and provisions to 
the British islands in the West Indies. He was the 
first who introduced negro slaves into Carolina, whom 
he brought from Barbadoes, in 1671, to cultivate his 
plantation on Ashley River. Having left Charles 
Town after the refusal of the council to entertain 
his claims to the government, he did not return until 
he had received his commission as governor of Caro- 
lina south and west of Cape Carteret. On the 19th 
April, 1G72, he was proclaimed at Charles Town, and 
a proclamation was also immediately issued " to dis- 
solve all parliaments and parliamentary connections 
heretofore had or made in this province," and all the 
freemen in the colony were summoned to assemble 
on the 20th to elect a new parliament. Twenty 
members were accordingly elected, who chose from 
their number Stephen Bull, Christopher Portman, 
Richard Conant, Ralph Marshall, and John Robinson, 
members of the grand council. The deputies were 
Col. West, Capt. Thos. Gray, Capt. Jno. Godfrej^, 
Maurice Mathews* and William Owens. 

The instructions sent from the proprietors on 16th 
December, 1671, to Sir John Yeamans and the coun- 
cil, required them to govern by the Fundamental 
Constitutions, temporary laws and instructions pre- 
viously sent, observing that in cases of difference, 
those of the latest date should be followed ; that 
nothing should be debated or voted in the parliament 
"but what is proposed to them by the council ;" and 
10 



-+ 



110 EARLY HISTORY OF SOUTH CAROLINA. 

thfit on all occasions they should facilitate Capt. 
Halsted's explorations in the province. 

The first acts of the new administration were 
directed to the accurate survey and recording of the 
lands hitherto granted to settlers, with a view to the 
more definite claims of quit-rent, and the introduc- 
tion of more of the forms of the Fundamental Con- 
stitutions. Stricter regulations were ordained against 
leaving the colony. Those who should desire to do 
so were obliged to set up their names in the secre- 
tary's office; and if any person objected to their de- 
parture, he wrote his name within twenty-one days 
beneath the names so set up, and the reasons for his 
objection were heard by council before a permission 
to leave could be obtained. It was resolved (perhaps 
as a check upon Sir John Yeamans) that for the 
better safety of the settlement, the governor should 
live in town. The following acts were at this time 
proposed to the parliament : — 1. For the uniform 
buildinii; of Charles Town. 2. For buildin"; a bridire 
on the southward part of Charles Town. 3. An 
additional act against fugitive persons or absentees 
without license. 4. Against selling or disjDosing of 
arms or ammunition to the Indians. 

Col. West, besides the superintendence of the planta- 
tion and stores of the proprietors, v/as made '' register 
of all writings and contracts." In June, 1672, at his 
request the council resolved that twenty persons from 
the debtors to the proprietors should furnish servants 
to cut and prepare a cargo of lumber for the Blessing 
at its next arrival. On the other hand. Gov. Yea- 
mans was entering upon plans which demanded an 



EARLY HISTORY OF SOUTH CAROLINA. Ill 

increased expenditure of the private resources of the 
jDroprietors. The colony was placed in a state of 
security against invasion. Cannon were mounted at 
" New Town, on Stono Creek," and a " great gun" 
•was fired at Charles Town on the approach of any 
vessel. The inhabitants were armed, and six com- 
panies enrolled under Lieutenant-col. Godfrey. The 
toils of cultivating the fields were borne chiefly by 
white servants from England, or Indian slaves pur- 
chased from their enemies ; yet wliile the settlers 
could scarcely raise sufficient provisions for their own 
consumption, Sir John Yeamans was engaged in huy- 
ing from them their produce, and exporting it at 
great gain to the island of Barbadoes. The pro- 
jirietors, instead of being repaid, incurred " a debt of 
several thousand pounds" before the end of 1G73, and 
were still solicited for further aid and a stock of 
cattle from England. 

Ten years had passed since the grant of their 
charter, and the same causes of dissatisfaction that 
had existed at Chowan and Cape Fear, now also ex- 
isted on the Ashley. Tlie proprietors became un- 
willing to send any more supplies with no hope of 
repayment; " for we thought it time," they said, "to 
give over a charge which was like to have no end, 
and the country was not wortli having at that rate." 
They contrasted the "care, fidelity, and prudence" 
of Col. West with the ill management of Yeamans, 
who had immediately " altered the face of things," 
and seemed to aim at bringing the colony to no other 
pitch than to be subservient, in provisions and tim- 
ber, to the interest of Barbadoes." They therefore 



112 EARLY HISTORY OF SOUTH CAROLINA. 

revoked their commission to him, and created West 
a Landgrave and governor in April, 1674. Sir John 
Yeamans had previously retired in feeble health to 
Barbadoes, where he died in August, possessed of 
considerable wealth, but having lost much of the 
reputation which he enjoyed when he entered upon 
the government of the colonj- at Charles Town. 

The necessities of the people at the close of Yea- 
mans' administration were of so pressing a nature as 
to occasion great unquietness among the settlers. 
Capt. Florence O'Sullivan had been the first sur- 
veyor-general of the province, in which office he was 
succeeded by John Culpepper, in 1671. During the 
commotions in Charles Town, which were fomented 
chiefly by Culpepper, the colonists were anticipating 
an invasion from the Spaniards of St. Augustine. 
It is said that O'SuUivan l^ad been put in charge of 
a cannon on the island which now bears his name, 
in order to alarm the town in case of the appearance 
off the bar of any Spanish vessels. But being ready 
to perish with hunger there, he deserted his charge, 
and took part with Culpepper, in the disturbances at 
Charles Town, when he was arrested by the marshal 
for seditious conduct, and required to give security 
for his future good behavior.* Culpepper afterward 
retired into North Carolina, and was soon involved in 
political commotions there. To alleviate the imme- 

* We have no clear information of the nature and object of these 
oommotions. The stoiy of O'Sullivan's having charge of a cannon on 
so exposed a situation, and of the seditions at Charles Town, are given 
from Hcwit, who is not good authority in this part of our liistory. But 
I have not felt at liberty to reject his account altogether, from the par- 
tial corroboration in Chalmers' Pol. Ann., p. 304, Carr Col. 



EARLY HISTORY OF SOUTH CAROLINA. 113 

diate distress of the colonists, a supply of provisions 
was brought from Barbadoes'^ and Virginia. But the 
proprietors themselves, though reluctant, had dis- 
patched provisions, with clothes and tools, for the 
encouragement of the industrious, and promised a 
yearly supply " to be had at moderate rates by those 
that would pay for them." In reply to the request for 
cattle, they told the colonists it was their design "to 
have planters there and not graziers." If they wished 
to stock Carolina, they said, they could do better by 
sending over bailiffs and servants of their own, who 
would obey their orders, plant where they directed, 
and not as the settlers had done, take up more land 
than they could use, and after excluding others from 
their vicinity, complain of a want of neighbors. 

The apprehensions of an attack by the Spaniards 
were not without foundation. The occupation of 
Port Royal, or its vicinity, was always regarded as 
an encroachment upon lands which they jealously 
claimed as their own. Occasionally servants deserted 
the English settlement and sought to reach St. Au- 
gustine, but were generally brought back by Indians 
sent in pursuit. Dennis Mahoon had been "stript 
naked to his waist, and received thirty-nine lashes 
upon his naked back ;" and John Radcliffe, on suspi- 
cion of a similar desertion, had been kept for a long 
time in irons, and no accuser appearing had been con- 
demned to five months servitude beyond his term of 
contract. James AVilloughby and Thomas Munristu 

* For the flourishing state of Barbadoes, see Martin's Brit. Col., vol. 
2, pp. 324-328. Whites, 50,000 ; Negroes and colored, 100,000, in 1674. 
In 16GG, 20,000 infantry and 3,000 cavalry. 
10='= H 



114: EARLY HISTORY OF SOUTH CAROLINA. 

were tried for the same offense. On the other hand, 
many servants who had been active and faithful were 
rewarded by tlie grand council ; and some by their 
industry soon acquired wealth and respectability in 
the colony. But it was left for Brian Fitzpatrick, " a 
noted villain," to desert to the Spaniards at this time 
and inform them of the distressed condition of the 
settlers. An attacking party was immediately sent 
from the Spanish garrison, and took post at St. 
Helena Island. But on the approach of Colonel 
Godfrey and fifty volunteers, they retreated to St. 
Augustine, to await a more favorable opportunity to 
effect their cherished design of destroying the Eng- 
lish settlement. 

The seasonable arrival of the proprietors' ship re- 
stored animation to the colonists. It is worthy of 
remark, however, that there appears never to have 
been so great a scarcity of food as to endanger the 
lives of the people. There were failures at first in 
attempting to raise such grains and fruits as were not 
best adapted to the soil and climate. But fish and 
oysters, an abundance of game in the woods, the 
fertility of the land in producing Indian corn and 
peas, and the neighborhood of other English colonies, 
were sufficient to insure the settlement from any fear 
of starvation. Even in the times of greatest com- 
plaint, in 1673, provisions were exported to Barba- 
does. That Governor Yeamans eno;ao;ed too exten- 
sively in his exports was perhaps the chief cause of 
the clamors and discontent of the populace. In a 
few years after these events, although wine, olive 
oil, and silk were not among its exports, the colony 



EARLY HTSTORY OF SOUTH CAROLINA. 115 

produced abinidcantly v<anous fruits, and corn, wheat, 
rye^ barley, oats, peas, turnips, parsnips, carrots, po- 
tatos, and "twenty sorts of pulse, not raised in Eng- 
land, all of them very good food, insomuch that the 
English garden is not regarded." It was then, too, 
the custom of the planters to engage the services of 
an Indian hunter for less than twenty shillings aj-ear, 
who could supply a family of thirty persons " with 
as much venison and fowl as they can well eat." 
Some planters had as many as eight hundred head 
of cattle, and salted beef began to be exported. 
Hogs were raised with little trouble; "Barbadoes, 
Jamaica, and New England affording a constant good 
price for their pork, by wdiich means they get where- 
withal" to build them more convenient houses, and to 
purchase servants and negro slaves." [Wilson, 1682.] 
From the earliest period also, pipe staves and lum- 
ber were exported to the West Indies, and sugar, 
niolasses, and rum received in return. In November, 
1680, there rode at anchor in Charles Town harbor 
sixteen trading vessels. 

These were some of the results of the wise man- 
agement of Colonel West, whom the proprietors 
declared in May, 1674, the "fittest man" to be 
governor of Carolina. His annual salary as keeper 
of the stores was £60, commencing in August, 16G9 ; 
and his salary as governor from August, 1674, was 
£100 per annum. In March, 1677, in a settlement 
of his accounts, there remained due £415 ds. Id., in 
payment of which the proprietors relinquished to him 
their plantation and debts in the colony. His fidelity 
however to the proprietors, notwithstanding their 



116 EARLY HISTORY OF SOUTH CAROLINA. 

vacillating and injudicious policy, did not make him 
overlook the interests of the people. During his -first 
administration, on one occasion there were only two 
deputies in the province, and cases being before the 
grand council for decision, he voted that the}^ should 
be decided by the members present, although his in- 
structions strictly enjoined that three deputies should 
be present besides the governor. In another instance, 
in an action for debt, it was pleaded that the plaintiff 
had not "subscribed his religion" according to the 
Fundamental Constitutions. But the council voted 
nnanimously that such a plea should be no bar to the 
recovery of the debt. 

No governor ever enjoyed in the province so unin- 
terrupted a popularity as Col. West, although he was 
the medium through which it was sought to impose 
several disagreeable measures upon the people. By 
their charter the proprietors had the right to estab- 
lish the episcopal form of M^orship, with such tolera- 
tion of dissenters as they should think proper. The 
Fundamental Constitutions being probably prepared 
in part by Shaftesbury, who had no predilection for 
any particular form of worship, and by Locke, whose 
opinions were most liberal in matters of religion, 
nothing was ordained in them in favor of episcopacy; 
but on the contrary, an unlimited freedom was pro- 
minently granted to all sects and religions. Besides 
the wisdom of this course, its policy was calculated 
to gain settlers from the dissenters, who at that period 
were the M'^eak and oppressed party in England. 
Accordingly a large majority, perhaps three-fourths, 
of the original settlers were dissenters, and willingly 



EARLY HISTORY OF SOUTH CAROLINA. 117 

accepted the Fundamental Constitutions which were 
sent out with Governor Sayle, solemnly ratified by 
the signatures and seals of six of the lords proprietors, 
who were all that were then in England/^' As the 
tenure of land and the naturalization of immigrants 
depended on their signing these constitutions, the 
people, to the number of several hundred, gave their 
oath to support them as the law under which they 
were to live. But seven of the eight proprietors were 
adherents of episcopacy ; and it appears that after the 
colony was sent forth, they determined to introduce, 
among other alterations, the following clause into the 
constitutions : 

"As the country comes to be sufficiently planted 
and distributed into fit divisions, it shall belong to 
the parliament to take care for the building of 
churches and the public maintenance of divines, to 
be employed in the exercise of religion according to 
the Church of England ; which being the only true 
and orthodox, and the national religion of all the 
king's dominion, is so also of Carolina ; and therefore 
it alone shall be allowed to receive a public mainte- 
nance by grant of parliament." 

The constitutions so altered, and bearing date the 
1st March, 1670, were printed, and declared. to be 
the true and unalterable form of government. A 
copy was sent to the colonies at Albemarle and Ash- 
ley River, for the acceptance of the settlers. Col. 
West was acting as governor on the reception of this 
second set of the constitutions in February, 1673, 

* See Appendix 



118 EARLY HISTORY OF SOUTH CAROLINA. 

and in obedience ito his instructions presented them 
to the parliameiit; but all the people had been 
already for three years sworn to the first set, and the 
parliament refused to accept them in the place of 
those of the 21st Julv, lG69/== 

It was a strange inflituation on the part of the pro- 
prietors to alter their original guarantees in a way 
that was sure- to irritate the people, especially as they 
were well aware that the condition of the province 
would not yet admit of the establishment of either 
set of constitutions. At the same time, with a re- 
markable legislative activity, they sent out '• tempo- 
rary laws," and " agrarian laws," dated June 21st, 
1672. 

" Since the paucity of nobility," they said, " will 
not permit the Fundamental Constitutions presently 
to be put in practice, it is necessary for the supply 
of that defect that some temporary laws should in the 
mean time be made for the better ordering of affairs, 
till by a sufficient number of inhabitants of all 
degrees, the government of Carolina can be adminis- 
tered according to the form established in the Funda- 
mental Constitutions. We the lords proprietors of 
Carolina upon due consideration have agreed to these 
following." * 

The first, second, and third articles repeat only 
what has been before mentioned of the palatine and 
other proprietors nominating their representatives or 
deputies; admitting the nobility as members of the 
grand council ; appointing the chief officers in the 

* Letter to Sothell, Appendix. 



EAKLY HISTORY OF SOUTH CAROLINA. 119 

province ; and the powers of the council, the quorum 
of which should be the governor and six councilors 
" whereof three at least shall be deputies of propri- 
etors." 4. In case of the death or departure of a 
deputy, his place should be supplied by the eldest of 
the councilors chosen by parliament until another 
deputy be appointed. 5. Parliament to consist of 
the governor, deputies, nobility, and twenty delegates 
of the freeholders, to bo assembled, and to make laws 
agreeably to the provisions of the Fundamental Con- 
stitutions. G. All acts of such parliament to cease 
at the end of the first parliament convened after the 
constitutions should be put in force. 7. As much 
of the constitutions as practicable to be the rule of 
proceeding. 

The agrarian temporary laws, which are twenty- 
three in number, are concerned entirely with the 
interests of the proprietors and nobility, and the pro- 
portionate settlement of their landed estates. The 
preamble again announces the principle of the former 
laws in these words, " the whole foundation of the 
government is settled upon a right and equal dis- 
tribution of land." One fifth of all the land is 
secured to the proprietors, one fifth to the nobility, 
and the rest to the people. Not because the people 
w^ere eager to appropriate more than their share of 
the boundless forests at the outskirts of which they 
were toiling for subsistence, but that the proprietors 
and their constituted aristocracy might be sure of a 
permanent and preponderating power in the colonial 
administration. 

In the preceding narrative of the acts and policy of 



120 EARLY HISTORY OF SOUTH CAROLINA. 

the proprietors, may be observed the seeds of oppo- 
sition and party differences. While the lords of 
Carolina were legislating as for a populous empire, 
the people were so few that the names of all might 
be written upon a single page. But they knew that 
their liberties were secured by the charter which 
required their consent in the enactment of all laws 
and constitutions. To the p]an of government de- 
vised by the proprietors they had at first assented, 
if not in assembly, at least individually, and were 
fully bound by its provisions. They murmured not 
at the appointment of landgraves and caciques ; they 
did not oppose the grant of large estates to these 
nobles, nor the right of demanding an annual quit- 
rent ; nor did they question the introducing into 
practice of as much of the Fundamental Constitu- 
tions as the circumstances of the colony admitted. 
But since the arrival of Sayle, vessel after vessel 
brought new instructions and laws, harsh complaints, 
and, finally, an arbitrary repudiation of the first con- 
stitutions ; and, step by step, the affections of the 
people were alienated and their confidence and fidel- 
ity destroyed. There was needed but an increase of 
population for forming two parties, the one, advo- 
cates of the Church of England and of the power of 
the proprietors ; the other, promoters of popular 
privileges and interests, and holding the charter to 
be a sufficient basis of government without the 
Fundamental Constitutions. 

The first accession to the number of original set- 
tlers had come from Barbadoes and Cape Fear. Im- 
migrants in small parties continued to arrive from 



EARLY HISTORY OF SOUTH CAROLINA. 121 

England. James Town was peopled with the Dutch 
colony from Nova Belgia, or New York ; they, how- 
ever, soon wisely abandoned their town and settled 
among the other inhabitants. The proprietors were 
not remiss in efforts to augment the population of 
Carolina, In 1672, liberal concessions were offered 
to freemen and servants from Ireland, who would 
settle in the province, and particularly if they would 
go in sufficient numbers to make up a community, 
and form a town by themselves, "wherein they may 
have the free exercise of their religion according to 
their own discipline." In June, 1676, a whole colony 
of 12,000 acres was promised to Mr. John Berkly, 
Simon Perkins, Anthony Laine, and John Pettitt, 
upon their landing in Carolina. 

In 1674, a part of the proprietors formed a plan 
of settling a plantation at their private expense on 
the " Edisto or Ashipoo" River, or on " Loch Island," 
as they also called the place. Andrew Percival was 
appointed governor of it, and received the necessary 
instructions for his conduct in office, and Gov. West 
was told to give him every assistance, and to affix 
the seal of the province to such grants of land as 
he should make. The scheme did not succeed, no 
doubt from the fact that the settlement on Loch 
Island would have been too weak an interposition 
between the unfriendly tribes of Westoes and Cussa- 
toes and the colonists on Ashley River, who, though 
in a securer position, were not altogether safe from 
their attacks. This design was abandoned, and Per- 
cival appointed, in June, 1675, " Register of Berk- 
ley County, and the parts adjoining." The plan, it 
11 



122 EARLY HISTORY OF SOUTH. CAROLINA. 

is probable, originated with the Earl of Shaftesbury, 
who soon after at his own expense engaged Dr. 
Henry Woodward to enter upon the discovery of the 
country of the Westoes and Cussatoes. One result 
of this visit was a treaty of peace and friendship 
between these nations and the English in Carolina. A 
comparison also of the strength and resources of 
these Indians and the still feeble colonists, induced 
the proprietors, (as they said,) to shield the latter by 
restricting their intercourse with the tribes westward 
of Charles Town. Too much already had the safety 
of the settlers been hazarded by separating their 
dwelling places, and, as it were, inviting an assault 
by an exposure of their weakness. 

But the restraints now put upon the Indian trade 
were not free from selfish motives on the part of the 
proprietors. They knew that furs and deer skins, ob- 
tained in traffic for trifling articles, formed the prin- 
cipal source of wealth to the industrious traders, 
among whom were the chief men of the colony. If 
frauds and abuses occurred, a prevention of them 
would not surely follow the restricting of the trade 
to proprietary agents. In April, 1G77, Albemarle, 
Shaftesbury, Craven, Clarendon, and Colleton, agreed 
to contribute each .£100, to be placed in the hands, 
of Mr. William Saxby, their secretary and treasurer, 
for carrying on the trade, allowing one fifth of the 
" clear profi.t" to Dr. Woodward, according to a pre- 
vious contract between him and the Earl of Shaftes- 
bury. At the same time they issued an " order and 
command" to the ''governor, council, and other in- 
habitants of our province of Carolina," forbidding 



EARLY HISTORY OF SOUTH CAROLINA. 123 

any of them, nncler pain of prosecution and severe 
punishment, to trade, during seven years, with the 
Westoes, Cussatoes, or other Indians living beyond 
Port Royal '; but leaving open to the settlers the trade 
for a considerable distance on the sea-coast, "and any 
other way not' less than one hundred miles from their 
plantation, which is all they can pretend or expect 
from us," continue their lordshijDS, "it being in jus- 
tice and reason fit, that we should not be interrupted 
by them in our treaties and transactions with those 
nations that inhabit these distant countries, with 
whom, by our grant and charter from his majesty, we 
only have authority to treat or intermeddle." The 
proprietors had perhaps forgotten that in their Fun- 
damental Constitutions they committed to the grand 
council the power " to make peace and war, leagues, 
treaties, &c., with any of the neighbor Indians," with- 
out defining what should constitute neighborhood ; 
and had frequently commanded, in subsequent tem- 
porary modes 'of government, that they should be 
careful to put in execution as much of these consti- 
tutions as they could. The council had already de- 
clared war, made peace, and entered into treaties with 
the Indians ; and it would not be surprising had 
they disregarded the ruinous policy of lodging these 
important functions with a set of noblemen on the 
other side of the Atlantic ocean, while their own fa- 
milies lived exposed to the tomahawk and scalping 
knife. We shall soon perceive how much dissatisfac- 
tion and contention were occasioned in the settlement 
by this trading scheme of the proprietors. 

The influence of the Earl of Shaftesbury in the 



124 EARLY HISTORY OF SOUTH CAROLINA. 

affairs of the province was never marked by more 
wisdom than in purchasing from the Indians a trans- 
fer of their Lands. A measure so simple and equita- 
ble, if adopted earlier or more extensively pursued, 
would have allnyed the hostility of the irritable and 
warlike natives, and secured the peace and prosperity 
of the settlers. But it had been made illegal for any ' 
individual to purchase land from the Indians. The 
proprietors claimed to be the sole owners of every 
acre of Carolina by the kings grant, and they ex- 
pected their colonies to be established by driving the 
Indians away from the homes and the graves of their 
ancestors. They were to be dealt with as savages 
deserved, if they resisted the claims conferred by his 
sacred majesty King Charles II. of England. 

The first deed of transfer on record was made in 
March, 1675, by Andrew Percival, for the Earl of 
Shaftesbury and the rest of the lords proprietors, 
"for nnd in consideration of a valuable parcel of 
cloth, haichets, beads, and other good^ and manufac- 
tures." The territory ceded was that of " Great and 
Lesser Casor, lying on the river Kyewaw, the river 
of Stono, and the fresher of the river of Edisto." 
Perhaps to strengthen the deed of conveyance, the 
signatures were taken of an odd assemblage of the 
Indians, there being the marks and seals of four ca- 
ciques, the marks of eleven war-captains, and of four- 
teen "women captains!" In 1682 and subsequently, 
lands were ceded by the caciques of Wimbee, Stono, 
Combahee, Kussah, Edisto, Ashepoo, Witcheaw, and 
by the queen and captains of St. Helena ; who 
generally surrendered (to please the English) their 



EARLY HISTORY OF SOUTH CAROLINA. 125 

lands In a north-westward direction as far as the 
"Apalatchean mountains," although they ha.d no 
claim to any great distance from the sea-coast. All 
the north-west portion of the jDrovince was possessed 
by the populous and powerful Cherokees. 

We have noticed the hostility of the Kussoes in 
1G71, and the successful invasion of their towns. In 
July, 1G72, the Wcstoes also exhibited a warlike dis- 
position, and were said to be lurking to the southward 
of Charles Town with the design of marching against 
it. At a meeting of the grand council it was 
promptly resolved to dispatch a party of thirty men 
against them. This force was extremely inadequate 
for such a service, as the Westoes were the most 
powerful tribe between Charles Town and the Sa- 
vannah, or Isundiga River.* No battle was fought. 
The Westoes were no doubt unwilling to risk an en- 
gagement while the intervening small tribes continued 
friendly to the English. For several years they 
threatened the colony ; and notwithstanding the 
treaty effected by the proprietors in 1677, they were 
still inimical and ready for strife. At the close of 
1678 it was necessary for the council to order that 
none of the friendly Indians should guide them to 
the settlement, and that their approaching the Eng- 
lish habitations would be at their peril. Their rest- 
less nature brought them in conflict with other 
Indians; and though Governor West concluded a 
treaty with them, by which they agreed not to mo- 



* The Georgia Indians called this river by other names (Hawkins). 
See Hist. Coll, Georg. Vol. iii., p. 16. 
11* 



126 EARLY HISTORY OF SOUTH CAROLINA. 

lest the feeble tribes in the vicinit}^ of the settlement, 
they violated this as they had done the former treaty, 
and captured and sold to the planters as many of 
their neighbors as they could. The grand council in 
June, 1G80, sent Capt. William Fuller and Mr. John 
Smith to visit the different plantations, and bring all 
such captive slaves to the Ashley to be set at liberty, 
in accordance with the previous instructions of the 
proprietors, and their own honor as protectors of the 
friendly tribes. The Westoes at length, after a bloody 
war with the Sarannas, or Yamassees, who lived on 
the Savannah River, were vanquished and driven 
from their territory. "The hand of God," says Go- 
vernor Archdale, who could not see the future, " was 
eminently seen in thinning the Indians to make room 
for the English." 

Little credit is to be given to the assertion, that 
the colonists began about this time to instigate the 
tribes against each other for the purpose of traffick- 
ing in their captives. A sufficient answer to the 
charge is found in the prevailing customs of the In- 
dians, exhibited in a preceding chapter; in the 
treaties which were made ; in the fiict that peace 
throughout the jDrovince was advantageous to the 
planters, and in tracing the origin of hostilities in 
almost every instance to the intrigues of Spanish 
settlers to the south-west of Carolina. That especial 
care should be taken to do justice to the Indians, a 
distinct jurisdiction for that purpose was established, 
which all were required to obey. Commissioners, 
among whom was Colonel West, were named by the 
proprietors in 1680, and were empowered to settle all 



EARLY HISTORY OF SOUTH CAROLINA. 127 

differences bet^veen the English and Indians, the 
making of treaties only being reserved to the grand 
council. 

On the 13th Januarj^, 1672, Capt. Godfrey, Capt. 
Gray, and Maurice Matthews were appointed by the 
council to examine the banks of the Cooper (Wando) 
River, and mark such places as might be suitable for 
towns, and all persons were forbidden to settle on 
such spots. The tongue of land called Oyster Point, 
which stretched between the Ashley and Cooper, had 
been taken up by Jobn Coming and Henry Hughes. 
It is probable that the committee reported in hxvor 
of this situation ; for on the 21st of the following 
month, Mr. Hughes appeared before council and vol- 
untarily surrendered "one half of his land near a 
place upon Ashley River, known by the name of the 
Oyster Point, to be employed in and toward enlarg- 
ing of a town and common of pasture there intended 
to be erected. Mr. John Coming and Affera his wife 
came likewise before the grand council, and freely 
gave up one half of their land near the said place for 
the use aforesaid." 

This place, like others in the neighborhood, was 
designed, no doubt, for the settlement of newcomers. 
The removal of Charles Town was not yet contem- 
plated; for the settlers there were engaged in build- 
ing a fort, which was finished in May, 1672; and 
in June an act was j^roposed for the uniform build- 
ing of their town. In accordance with this act, it 
was regularly laid out and divided into sixty-two 
lots. Those who owned town lots gave them up, 
and a redistribution was made to the inhabitants. 



128 EAKLT HISTORY OF SOUTH CAROLINA. 

Additional works of defense were afterward erected 
in 1G74. At the same time that the new distribu- 
tion of lots was made in Charles Town (July, 1G72), 
Gov. Yeamans had issued, with the consent of coun- 
cil, his warrant to John Culpepper, surveyor-general, to 
mark off the contemplated town at Oyster Point, which 
w^as done on the spot now embraced between Broad 
and Water streets, and limited by Meeting street on 
the west. It was called Oyster Point Town. Seve- 
ral streets w^ere marked running east and west, in- 
tersected by others from north to south ; and rules 
w^ere established for building the town. The lots 
were slowly taken up, as emigrants preferred the 
more populous situation on the western bank of the 
Ashle}^ 

The proprietors encouraged the settling at some 
distance from the coast, and it was their design to 
build their chief- town on some highland on the 
Ashley or Cooper, if such could be found, free from 
the sickliness of the coast and the sudden inroads of 
an enemy's ships. But the explorations of Capt. 
Halsted, and the search of the committees of the 
grand council, failed to find a more eligible situation 
than Oyster Point, to which the settlers at Charles 
Town began generally to remove in 1679. Others 
had fixed their abode there as early as 1G72. The 
invasions of the Spaniards and Indians, which con- 
tinued to be threatened, rendered the position of 
Charles Town on the west of the Ashley more inse- 
cure than Oyster Point, while for purposes of com- 
merce the latter was much more commodious, and as 
a place of residence more healthy. 



EARLY HISTORY ( F SOUTH CAROLINA. 129 

Such representations were made to the lords pro- 
prietors as caused them to write, to Gov. West and 
the council, on 17th December, 1679, " we are in- 
formed, that the Oj^ster Point is not only a more con- 
venient place to build a town on than that formerly 
pitched on by the first settlers, but that people's in- 
clinations tend thither; we let you knoAV the Oyster 
Point is the place we do appoint for the port town, 
of which you are to take notice, and call it Charles 
Town." And it was ordered at the same time that 
the public offices should be removed thither, and 
the grand council summoned to meet there. In the 
spring'^ of 1G80 the removal was made, and during 
the same year thirty houses were erected. It was 
called for a while by some persons New Charles 
Town, to distinguish it from the old town, which 
now began to be abandoned ; but from 1682 it was 
known for a period of one hundred years simply as 
" Charles Town." 

" The town is regularly laid out," says a writer at 
this time, " into large and capacious streets, whiv.n to 
buildings is a great ornament and beauty. In it 
they have reserved convenient places for building of 
a church, town-house and other public structures, 
an artillery ground for the exercise of their militia, 

* I say in the spring, because at a council-meeting at " Charles 
Town," June 1, 1G80, it was ordered that all the Indians purchased as 
slaves from the Westoes and their confederates, should be brought be- 
fore the council " at Kiawah, sometimes called Charles Town," and be 
there set at liberty. The Kiawah being the name of the Ashley, I un- 
derstand the place here spoken of to be old Charles Town — and that 
consequently the meeting of June 1st was held at " Charles Town" on 
Oyster Point. The number of houses built during the year is also au 
evidence of the eai'ly removal. 

I 



130 EARLY HISTORY OF SOUTH CAROLINA. 

and wharves for the convenience of their trade and 
shipping." 

The situation reserved for a church was that noAV 
occupied by St. Michael's. The building first erected 
there (St. Philip's) was of cypress on a brick founda- 
tion, and -was generally called the English church. 
It was probably begun about 1G82, during the ad- 
ministration of Gov. West, who was distinguished for 
piety as well as justice, valor, and moderation. As 
earlv as IGTl, he had endeavored to restrain the licen- 
tiousness naturally arising among a new people, com- 
posed in great part of adventurers, and living without 
the influence of the public ordinances of religion. In 
the last parliament convened in his long term of office 
(Ma}^, 1682), acts were passed for the observance of 
the Lord's da}-, and for the suppression of idleness, 
drunkenness and profanity. Besides these efforts for 
promoting the morality of the people, the close of his 
administration was marked by the wisdom of laws 
for settling the militia of the province, and for mak- 
ing high roads from the new town at Oyster Point 
through the forests that stretched into the interior. 

Some of the political measures which now engaged 
the public attention, had arisen within the colony 
and from the peculiar circumstances of the times. 
Others had originated with the proprietors in Eng- 
land, who from remoteness, insufficient acquaintance 
with the necessities of the colonists, and the de- 
fective organization of themselves as a governing 
power — often opposed the wishes and interests of the 
people, and stubbornly insisted on the carrying out 
of their own unwise instructions. We shall see that 



EARLY HISTORY OF SOUTH CAROLINA. 131 

their arbitrary control was checked through the 
democratic branch of parhament, and by the fixihire 
of their scheme of governing b}^ deputies and a pro- 
vincial nobiUty. But at this period the ability and 
%vell-deserved popularity of the governor himself 
formed an obstacle to any encroachment through 
him and his council upon the rights and advance- 
ment of the people. And yet no one else seemed so 
able to harmonize the discordant elements gathered 
around him. The dissenters, or advocates of the 
popular interests (for religions differences did not yet 
peculiarly distinguish the parties), had been gradually 
losing ground, as every arrival from England aug- 
mented the number of cavaliers, high churchmen, or 
adherents of the proprietary party.* The adoption 
of the Fundamental Constitutions was again to be 
pressed upon the parliament, and the election of 
representatives altered by the establishment of coun- 
ties and the separation of the polls. 

Governor West had long held the most influential 
position in the colony, and his removal may have 
been simply to reward the adherence of Landgrave 
Joseph Morton, through whose encouragement, in 
connection with Landgrave Axtell, more than five 
hundred persons had arrived in Carolina in less than 
one month.'-' But the cause generally assigned for 
the removal of Governor West, is - the displeasure of 
the proprietors at the selling of Indian slaves pur- 
chased by the planters from neighboring tribes. f No 

* Archd. pp. 100 and 112, MSS. 

t Sec Letter to Percival — Appendix. j Oldmixon, p. 407. 



132 EARLY HISTORY OF SOUTH CAROLINA. 

objection was made to keeping them as slaves in the 
province. It was not slavery in any shape that was 
displeasing to the proprietors. Their own Funda- 
mental Constitutions embraced a provision for the 
introduction of slavery, with unlimited power in the 
matter, before the first settlement of South Carolina. 
It was their fivorite, Sir John Yeamans, who first 
brought hither African slaves, and En^iish vessels 
lono; continued to offer them for sale to the American 
colonies. No cargo of them was sold in Carolina the 
money for which did not fill the pockets of the 
British or New England adventurers. It was the 
proprietors themselves who at first " gave the privi- 
lege" (to use their own language) of selling Indian 
captives from Carolina to the West India Islands, as 
the cheapest means of " encouraging the soldiers" of 
their infant colony. But it was also their early policy 
to bring the Indian nations within their jurisdiction; 
and especially after taking the trade into their own 
hands, their interests being more blended with the 
peace and friendship of the natives, they undertook 
to protect them to a certain extent, and in 16S3 sent 
out instructions which forbade their transportation 
without a license from the parliament. If this be 
not the true exposition of their motives, it will be 
•much more difficult to reconcile their policy with any 
principle of benevolence while they continued to en- 
courage the indiscriminate expatriation of men, 
women, and children from the coast of Africa, and 
disseminated the promise that "every freeman of 
Carolina shall have absolute power and authority over 
his negro slaves." If Governor West had endeavored 



EARLY HISTORY OF SOUTH CAROLINA. 133 

under these circumstances to oppose the sending 
away from the feeble colony troublesome and dan- 
gerous slaves, there were so many of the principal 
citizens and deputies engaged in the practice and 
irritated by the attempted monopoly of the Indian 
trade, that his opposition would have been as ill- 
timed as were the inconsistent efforts of the proprie- 
tors after his removal from office. 



12 



134: EARLY mSTORY OF SOUTH CAROLINA. 



CHAPTER VI. 

Establishment of Counties and separation of Polls — Opposition to the 
Plans of the Proprietors — A Governor from abroad appointed — Sir 
Eichard Kyrle dies — Quarry acts as Governor — Abuses his Position 
— Joseph West again Governor — Political state of the Colony — Ob- 
stinacy of Proprietors — West's services to the Colony — Mortou 
again Governor — Fundamental Constitutions ordered to be subscribed 
by members of Assembly — Kefusal and ejectment of majority of the 
Members — Lord Cardross and his settlement at Port Royal — Expe- 
dition against St. Augustine — Stopped by arrival of Colleton as Go- 
vernor — Disappointment of the people — Pirates — The extent of in- 
dulgence shown them by the Colonists — Opposition to the Naviga- 
tion Acts — Proprietors in danger of losing their Charter — Disposition 
of the people for a Eoyal Government — Increased opposition to the 
Proprietors — Governor Colleton — Disagreements with the people — 
Proclaims martial law — Arrival of Seth Sothell — Favored by the 
people — His action against Colleton and his party — Proprietors re- 
call Sothell — Colonel Philip Ludwell appointed Governor — Griev- 
ances of the people unredressed — Private Instructions to Ludwell — 
Opposition of Assembly to plans of Proprietors — Dispute on Indem- 
nity Act — Committees on grievances and framing a plan of Govern- 
ment — Proprietors become conciliatory— Their concessions — Funda- 
mental Constitutions laid aside — Condition of the colonists unaltered. 

At the close of Governor AVest's administration the 
colony was in a very flourishing condition. Emi- 
grants of worth and ability were constantly arriving, 
on whom grants of land were lavishly bestowed. One 
of the first measures required of Governor Morton 
was the division of the inhabited portion of the pro- 
vince into three counties :^'- Berkley, embracing Charles 
Town, extended from Sewee on the north to Stono 
Creek on the south ; beyond this to the northward 
was Craven county, and to the southward Colleton 

* Order of Proprietors, May 10, 1682. 



EARLY HISTORY OF SOUTH CAROLINA. 135 

county, all extending within the land to a distance 
of thirty-five miles from the sea-coast.''' A county 
court was also directed to be established at Charles 
Town, for all the inhabitants. Craven county was 
sparsel}^ settled, and claims little attention until the 
Huguenots occupied the banks of the Santee ; so that 
politically there were but two counties at this period. 
The proprietors desired that Berkley and Colleton 
should be equally represented by the election from 
each of ten members of the biennial parliament,"}' 
and that the election should be on the same day, 
respectively at Charles Town and at London (now 
AViltown) in Colleton. The qualifications of a mem- 
ber required that he should possess a freehold of five 
hundred acres in his county. The inconvenience 
which the people had experienced in attending the 
same poll is strikingly illustrated by the practice al- 
luded to in a letter of the proprietors in 1G83. "We 
are informed," they said, " that there are many un- 
due practices in the choice of members of parliament, 
and that men are admitted to bring papers for others 
and put in their votes for them, which is utterly ille- 
gal and contrary to the custom of parliaments, and 
will in time, if suffered, be very mischievous. You 
are therefore to take care that such practices be not 
suffered for the future ; but every man must deliver 
his own vote, and no man suffered to bring the vote 
of another ; and if the sheriffs of the counties shall 
presume to disobey herein, you are to commissionate 
other sheriffs in their room. "J The establi.-jhment of 

* 1682, and Instructions to Ludwell, 1691. 

t MSS. 18th Nov. 1683. J See AppendLx. 



136 EARLY HISTORY OF SOUTH CAROLINA. 

counties and separate polls was so advantageous to 
the ])eople, that we might regard them as intractable 
and factious in resisting the orders of the proprietors, 
unless we consider that an equal number of members 
was indiscreetly given to each county without regard 
to any principle of representation. There were at 
the highest estimate about two thousand inhabitants 
in the colony,* a majority of whom belonged to Berk- 
ley county, which alone had a sufficient population 
to entitle it to a county court. The twenty members 
of the lower branch of parliament had been always 
chosen at Charles Town ; and consequently in the 
election for September, 1683, the orders of the pro- 
prietors were disregarded, and the members chosen 
as usual.f The parliament so chosen was ordered to 
be immediately dissolved. But if these instructions 
arrived in time, they were equally disregarded, and 
their lordships were left to complain and reiterate 
their commands. J 

Among the numerous acts passed by this parlia- 
ment, was one for protecting the colonists against 
prosecution for debts contracted out of the colony. 
This the proprietors viewed with abhorrence, as stop- 
ping the course of justice, as against the king's honor, 
and repugnant to the laws of England. Astonished 
that their deputies should assent to such a law, they 
ordered "that all officers should be displaced who 
had promoted it," although they had themselves sanc- 

* In 1682, " T. A.," clerk of the Richmond, (which arrived in Caro- 
lina in 1680,) says, the population amounted to 1000 or 1200, and was 
more than doubled by the arrival of emigrants during the two following 
years. 

t MS., 1683, Poll. Ann., 317. % MS. Notes. 



, EARLY HISTORY OF SOUTH CAROLINA. 137 

tioned a similar law in 1670, when they were anxious 
to encourage immigration. The governor and coun- 
cil were further blamed for slighting their instruc- 
tions concerning the election. A dissolution of \he 
parliament, they repeated, should be proclaimed ; and 
no other elected unless in compliance with their 
orders. Charles Town, they said, was unhealthy ; 
and it was unjust that the inhabitants of Colleton 
should have no representatives, or by a combination 
be compelled to attend the polls at Charles Town. 
We have power, by our charter, to call assemblies of 
the freeholders; our Fundamental Constitutions ap- 
point how this should be done ; and our orders are in 
place of the constitutions until they can be put in 
practice. We have given the power of magistracy 
into the hands -of our governor and council "for the 
good of the people, who should not be turned into 
prey, as we doubt hath been too much practiced." 
But this haughty strain did not quell the spirit of 
opposition ; and their lordships further showed how 
little they understood those under their magistracy, 
when, vexed at their failure, they wrote to Gov. Mor- 
ton, in the following March, "Are you to govern the 
people, or the people you ?" 

Unfortunately for the plans of the proprietors, their 
governors and deputies Avere for the most part neces- 
sarily selected from the colonists themselves, and 
their dispositions and principles they could not be 
sure were in accordance with their own. Did they 
instruct Morton to remove all officers who sold 
or encouraged the selling of Indian slaves? The 

* In Albemarle, Pol. Ann. 292. 

12=^ 



138 EARLY HISTORY OF SOUTH CAROLINA. 

governor himself was not free from blame. Their 
own deputies fell under the blow, as well as the com- 
moners of the grand council ; and these the people 
thought fit to elect again. Did they inveigh against 
any indulgence to the English pirates who visited the 
coast? The people were not disposed to hang them 
while their monarch encouraged with unusual honors 
the chief captain of the band. Did the proprietors 
demand their quit-rents in money ? The people said 
there was no mint in Carolina, and coin was scarce. 
Did tliey refer to the powers granted by the charter ? 
The people were willing to be governed by the charter, 
which made their concurrence necessary for the adop- 
tion of a plan of government. 

Thinking that a governor from abroad would be 
more devoted to their interests/''' Sir Richard Kyrle, 
of Ireland, was appointed to succeed Morton in April, 
1684. The proprietors expressed to him their hope, 
from his abilities and activity, that the affiiirs of Caro- 
lina would be in a better condition than before ; they 
pointed out the evils they wished him to remedy ; 
cautioned him against the Spaniards, who had never 
been good neighbors, and advised him to put the 
province in a state of defense.^ In the summer after 
his arrival the governor died, and the council again 
turned to Joseph West, who wrote to the proj)rietors 
in October that he had been chosen in place of Kyrle, 
and received in answer their congratulations upon his 
election and another commission from themselves. It 
appears that when Kyrle died. West was not in the pro- 

* Archd. Preface. Proprietors to Kyrle, April 29, 1684 
t MSS. Appendix. 



EARLY HISTORY OF SOUTH CAROLIiVA. 130 

vince, as he had often before had occasion to be ab- 
sent. Col. Robert Quarry acted as governor for a few 
months."-'' He never received a commission from the 
proprietors, and his brief service was marked by such 
indiscretion in favoring the pirates, as caused his 
being subsequently deprived of the office of secre- 
tary of the province. 

When West succeeded in September, 1684, two 
years had elapsed since he had resigned the office to 
Morton. The difficulties of political affairs had 
greatly increased. The choice of members of par- 
liament, as directed by the proprietors, was still 
Avarmly opposed by tlie inhabitants of Berkley 
county, whose able leaders, Maurice Matthews, James 
Moore, and Arthur Middleton was displaced from 
council for sending away Indian slaves. But if in 
any measure the proprietors had clear justice on 
their side, it was in disposing of their lands in the 
province as it suited themselves, provided they did 
not disturb the rights already granted. In the first 
Fmidamental Constitutions and agrarian laws they 
had declared that lands should be held for the rent 
of a penny an acre, "or the value thereof," which was 
a principal inducement for many persons to emigrate 
to Carolina. But now it was declared, that lands 
should be held only by indentures in which the words 
"or the value thereof" were stricken out, and a re- 
servation added of re-entry on failure of paying the 
quit-rent. This unfortunately operated to the injury 
of many who had settled at an early period, and who 

* Lett, of Cardrosse, July 17, 1684. Proprietors to Sothell, May 13, 
1691 — Appendix. 



140 EARLY HISTORY OF SOUTH CAROLINA. 

from poverty or other circumstances had not taken 
out an official conveyance of the lands to which they 
were entitled. To the opposition excited against this 
measure, and the reasonable request that, as money 
was scarce, the rents might be paid in merchantable 
produce of the land, the lords proprietors only re- 
plied : " We insist to sell our lands our own way."* 
Above all, on the 12th of March, they wrote to Gov. 
AVest certain instructions, containing thirty-eight ar- 
ticles, Avhich repealed all former instructions and 
temporary laws, and ordered the third Fundamental 
Constitutions (of January, 1682) to be subscribed 
and put in practice. The members of the grand 
council, who represented the people, filed a protest 
against these instructions, which sought with so de- 
cisive a step to change the government of the colony. 

Had there been room for compromise, and West 
had been permitted to settle the disputes by his own 
moderation and wisdom, he w^ould not have been 
found disheartened and preparing to leave the pro- 
vince. The last act to which he affixed his simature, 
was designed to improve the health of the city he 
had founded, and to provide^ for the security of its 
citizens during their nightly repose.f 

Joseph West began his services to the colony in 
London on the 1st of August, 1669. 1 He con- 
tinued them as commander of the fleet that bore the 
emigrants and Gov. Sayle in safety to Carolina, on 
the 17th March, 1670. As keeper of the public stores 
he distributed food and clothing to the needy during 

* MSS. Appendix. f "i Stat. 2. I MSS. Appendix. 



EAELT HISTORY OF SOUTH CAROLINA. 141 

the first years of the settlement. As the commercial 
and agricultural agent of the proprietors, he was 
rewarded b}- their relinquishing to him the property he 
held in charge. As register of the colony, as tem- 
porary governor by the people's choice on several 
occasions, and finally as landgrave and three times 
governor by commission, he won the strong attach- 
ment of ,the colonists and the confidence and respect 
of the proprietors. In a government carefully 
planned to be an aristocracy, and under the fostering 
direction of distinguished nobility in England, he, 
a plebeian, faithful, wise, and modest, became, for 
fifteen years, the guiding spirit of all that was good 
and successful."" 

On the retirement of West, the council chose Mor- 
ton governor, and the proprietors sent him a com- 
mission in September, 1685. The parliament con- 
vened in November consisted of eight deputies of 
the lords proprietors and twenty commoners, of whom 
one was absent. Gov. Morton, in obedience to the 
instructions previously sent, called on all the mem- 
bers to subscribe the Fundamental Constitutions of 
1682. Twelve of the nineteen representatives re- 
fused to do so, because they had already subscribed 
those of July, 1669. Whereupon the governor 
ordered them to quit the house ; it availed nothing 
that they protested against the tyranny of their 

* I have not been able to discover anything relating to the life of 
Col. West, after his retirement from office. His leaving the province is 
stated on authority of a brief notice in some MS. notes from papers in 
London. His plantation on Ashley River is mentioned in Oldmixon 
452 ; 2d Carr. Coll. If he returned to live in Carolina, his name is found 
no longer in connection with public affairs. 



142 EARLY HISTORY OF SOUTH CAROLINA. 

ejectment ; and the remaining seven, together with 
the eight deputies, enacted all the laws passed at 
that session of parliament. 

In the summer of 1G82, the lords proprietors had 
entered into an agreement with Lord Cardross, and 
other Scotch gentlemen, (who proposed to send ten 
thousand emigrants,) to grant them a large tract of 
land in Carolina.* For their sakes an alteration was 
made in the Fundamental Constitutions, because they 
thought it would not sufficiently secure them against 
oppression. The chosen place of settlement was 
again the favorite but unlucky situation of Port 
Royal. Like the French Protestants, they were led 
hither by the desire to escape tyranny and religious 
intolerance at home. Here Lord Cardross arrived in 
1683, and founded Stuart's Town. He w^as accom- 
panied by about ten families, among whose names 
were those of Hamilton, Montgomerie, and Dunlop. 

The settlers at Ashley River received the Scotch 
with but little favor at their arrival, on account of 
their connection with the Fundamental Constitutions, 
against the adoption of which a large portion of the 
people were then strongly opposed. Jealousies also 
soon arose with regard to the political powers of the 
new settlement. Cardross claimed, from his agree- 
ment with the proprietors, co-ordinate authority with 
the governor and grand council at Charles Town, 
which occasioned the most arbitrary proceedings 
against him. Overcome by the heat of midsummer 
and prostrate with sickness, he was summoned to 
appear before the grand council for usurpation of 

* MS. Letter to Fcrcival, Oct. 18, 1690— Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 1^3 

power in the province. Other difficulties equally dis- 
heartening disturbed the little colony at Port Royal, 
and brought most vividly to their recollection the 
fate of Ribault and his followers. Wina and Antonio, 
two noted Indians, were busy in fomenting hostilities 
among the tribes in the vicinity, and against the set- 
tlers of Stuart's Town. The Spaniards at St. Au- 
gustine, for whom some of these Indians were spies, 
were preparing to dispute the possession of the land. 
Five pieces of cannon, lying unmounted at old 
Charles Town, the proprietors ordered to be given to 
Lord Cardross for the defense of Port Royal. It 
appears, however, that being disappointed in his plan 
of settling in Carolina, and disgusted with his arrest 
and ill usage by the colonists at Charles Town, he 
returned to Scotland, and took an active part in the 
political revolution which was then at hand. 

Shortly after, the Spaniards, in 16 80, while peace 
still subsisted between England and Spain, came 
suddenly with three galleys, and landed at Edisto. 
Their force included negroes and Indians. They 
broke open the houses of Gov. Morton, and Mr. 
Grimball, secretary of the province, who were at 
Charles Town, and pillaged them to the value of 
three thousand pounds sterling, carrying off the 
money, plate, and thirteen slaves of the governor, and 
murdering his brother-in-law. They than attacked 
the Scotch settlers at Port Royal, who had but 
twenty-five men in health to oppose the invaders. 
The Spaniards killed some and whipped others, whom 
they took captive, in a barbarous manner, and 
plundered and utterly destroyed the settlement. 



14:4: EARLY HISTORY OF SOUTH CAROLINA. 

The few who remained from this unfortunate band 
found refuge in Charles Town. Their brief history 
is such as might have been foreseen from the inju- 
dicious policy of the proprietors in their agreement 
with the Scotch noblemen. As a distinct colony it 
was too weak to occupy a disputed territory; and for 
separate political interests it was too near the colo- 
nists at Ashley River, who were just struggling, after 
many hardships, and still against much opposition, 
into a consistent form of government, with its requi- 
site legislative and judicial branches. 

Party strife was forgotten in the excitement occa- 
sioned by this incursion of the Spaniards. Gov. 
Morton summoned the parliament in Oct. 1686, and 
an act was passed for raising a force for the immediate 
invasion of the Spanish territorj^ An assessment of 
£500 was made,'-' and all the powers of the grand 
council vested for the time in the governor, and any 
four of the councilors. Two vessels were fitted out 
and four hundred men well armed were ready to sail 
for the conquest of St. Augustine.f This armament 
was suddenly stopped by the arrival from Barbadoes 
of James Colleton, brother of the proprietor, and who 
had in August been created a landgrave and governor 
of Carolina.J He threatened to hang the colonists 
if they persisted in their project, and they reluctantly 
returned on shore. While all were burning with 
indignation at so unexpected and unworthy a termi- 
nation of their efforts, the lords proprietors wrote to 
Colleton, " We are glad that you have stopped the 

* 2 Stat. 15. t Letter to Randolph, Appendix. 

X Letter to Sothell. Commission dated Aug. 1686. 



EARLY HISTORY OF SOUTH CAROLINA. 1-15 

expedition against St. Augustine. If it had pro- 
ceeded, Mr. Morton, Col. Godfrey and others might 
have answered it with their lives."* 

The colonists believed that the charter justified the 
course they had taken. The proprietors more truly 
maintained that it allowed "only a pursuit in heat 
of victory, but not a deliberate making war on the 
King of Spain's subjects, within his own territories ; 
nor do we claim any such power. No man, however, 
can think that the dependencies of England can have 
power to make war upon the king's allies, without 
his knowledge or consent."f They did not reflect 
that they were themselves to blame for the attack on 
the Scotch settlement, but remonstrated that the 
colonists must have foreseen that retaliation would 
have been made for the encouragement given to the 
pirates who plundered the Spaniards. They ordered 
" a civil letter" to be addressed to the governor of 
St. Augustine, inquiring by what authority he acted. 
This course failed to obtain redress. How bitterly 
the colonists regarded their discomfiture may be 
judged from their subsequent complaint of Colleton 
that he " did, contrary to the honor of the English 
nation, pass by all the bloody insolencies the Span- 
iards had committed against this colony," and entered 
into a contract of trade with them, " for the- hopes 
of a little filthy lucre," burying in silence their atroci- 
ties upon '•' Englishmen who wanted not courage to 
do themselves honorable satisfaction. "4; 

At the period of the settlement of Carolina, the 

* Proprietors to Colleton, Oct. 1687. f Pol. Ann. p. 320. 

X Letter to Sothell, Appendix 
13 K 



146 EARLY HISTORY OF SOUTH CAROLINA. 

hostility of the French and English against the 
Spaniards had engendered a degree of private animo- 
sity that might well be compared to the inimical dis- 
position then existing between Catholics and Protest- 
ants. Among the* buccaneers of Tortuga were men 
accustomed to the perils of war, who, scorning the 
epithet of pirate, turned from the capture of Spanish 
galleons to the sack and pillage of fortified cities. 
The booty of a single marauding expedition was esti- 
mated at millions of dollars. The greater the magni- 
tude of a crime, or the more it is characterized by 
boldness and power, the less do men seem to despise 
and condemn it. The last eminent leader of the 
buccaneers was Henry Morgan, a Welshman, whose 
piratical fleet included several vessels from New Eng- 
land. For his daring exploits in the Spanish domin- 
ions in America, he received the honors of knight- 
hood from Charles II. of England, and was appointed 
governor of Jamaica. 

In 1684, during the war between France and Spain, 
privateers were fitted out in Carolina without hin- 
drance. The pirates who at the same time frequented 
the coast, spent their money with a lavish hand ; and 
were not unwelcomed in the province, at least by 
those who were benefited by supplying their necessi- 
ties, and who, like their king, looked with leniency 
upon bold misdeeds directed against the commerce 
and towns of the Spaniards, who in the colony were 
especially regarded as enemies. Col. Quarry, who 
acted as governor on the death of Sir Richard Kyrle, 
was accused of admitting pirates to Charles Town, 
and of receiving money from them. A few years 



EARLY HISTORY OF SOUTH CAROLINA. l-iT 

later, Gov. Morton permitted two pirates to bring 
into the harbor their Spanish prizes, and allowed 
Morgan to come into town by consent of the grand 
council. 

Charles II., however, being anxious to preserve 
a neutrality with the belligerent powers, caused 
an order to be sent to Carolina forbidding the fitting 
out of privateers ; and in the following year, as soon 
as James II. ascended the throne, he directed an 
act to be passed in the province for the suppres- 
sion and punishing of pirates.'*' Yet it was not an 
easy task to check the evil suddenly by an enact- 
ment. In 16 87 Sir Robert Holmes was dispatched 
by the king to the West Indies, with a commission 
for destroying the pirates ; and the governor and 
council at Charles Town were strictly enjoined to 
afford every assistance to his fleet. The former 
act was revived in the province,"}' and the disgraceful 
favor for a while shown to the pirates now effectually 
ceased; and arrest and execution awaited them 
throughout the borders of Carolina. 

The colonists were now convinced that, under the 
charter, they were restricted, in case of invasion, to 
self-defense, notwithstanding their far spreading and 
unprotected frontier. They were, however, again 
at fault in interpreting their charter privileges as ex- 
empting them frotn the restraints imposed on com- 
merce by the famous navigation acts of the British 
parliament. No merchandise could be imported into 
the colonies, under penalty of forfeiture, except in 

* 2 Stat. p. 7. t 2 Stat. 25 ; Pol. Aun. 319. 



148 EARLY HISTORY OF SOUTH CAROLINA. 

English vessels navigated by Englishmen/-' A simi- 
lar penalty attached to the exporting of the princi- 
pal articles of colonial produce to any other country 
than those under the English crown ; and even the 
transportation of the enumerated commodities, sugar, 
tobacco, cotton, indigo, &c., could not be made from 
the southern to the northern colonies without the 
payment of heavy duties. To the mother country, 
or more properly to her merchants, was reserved the 
monopoly of all profits from the increasing commerce 
of America. In 1685, George Muschamp arrived at 
Charles Town as the first collector of the revenue ; 
and the governor and council were instructed " not 
to fail to show their forwardness in assisting in the 
collection of the duty on tobacco transported to other 
colonies; in seizing ships that presumed to trade con- 
trary to the acts of navigation."-}- The colonists, 
nevertheless, persisted in trading as they pleased ; 
believing that their charter, having been granted 
subsequently to the passing of the navigation act, 
was of superior force. In this view they received no 
support from the proprietors, who, on the contrary, 
exerted themselves to suppress what they termed an 
"illicit traffic." Mr. Muschamp seized a vessel for 
violation of the laws, because manned by sailors three 
fourths of whom were Scotchmen. Irritated by the 
adverse decision of the court at Charles Town, and 
by the pretensions of the people,J he sent such com- 
plaints to the commissioners of the customs at home, 
that the matter was referred to the attorney-general; 

* See Banc. U. S., 2, p. 42 et seq, f Pol. Auu. 322. t Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 149 

and writs of two warrants issued against the Caro- 
lina charters. It had become the policy of James to 
revoke all proprietary grants, and bring the colonies 
possessing them more immediately under the royal 
government. 

An opposition similarly excited in" the New Eng- 
land colonies against collectors of the customs, gave 
occasion for suppressing their charters, and placing 
them under a single governor, Sir Edmund Andros. 
The high position of the lords proprietors would not, 
perhaps, have been then sufficient to protect their 
interests, had they not wisely offered to treat for a 
surrender of their privileges, and by gaining time, 
^'eluded the force of a blast that had laid the char- 
ters and governments of New England in ruins. "'^ 

The course of events in England was rapidly tend- 
ing to the great revolution of 1688, which drove 
James II. from the throne, and permanently secured 
the most cherished rights of the people. At the 
same time, the tyranny of Andros was producing 
throughout New^ England a powerful popular reac- 
tion in favor of their charter government. The Eng- 
lish revolution was essentially a Protestant triumph ; 
and the proprietary charter of Maryland having been 
granted to Catholics, was soon revoked without the 
necessary judicial forms, and a ro3^al government in- 
stituted by King William. Pennsylvania and Dela- 
^vare, Virginia, New York and New Jersey, as well 
as New England, were now governed under the ki'^ 
commission. Yet the proprietors of Carol^^ 
tinned an uninterrupted control over th^' 

* MSS. Appendix ; Pol. Ann ' 

13* 



150 EARLY HISTORY OF SOUTH CAROLINA. 

vince, because enjoying "the hereditary right of com- 
plaining in person of their wrongs, they could in- 
terest a po\yerful body in their favor."'-'' 

Though the storm had spent its violence at a dis- 
tance from the settlement here, still its influence was 
distinctly felt in the political agitations which in- 
creased from day to day. The proprietary govern- 
ment with all its temporary laws and Fundamental 
Constitutions, and its charter too, began to be weighed 
in the balance with the higher government on which 
the proprietors themselves depended — which could 
demand the money of the people as well as their obe- 
dience, and had fleets and armies to repel every foe. 
Henceforth the policy of the opposition party tended 
to a bolder and more definite development, and 
seemed to aim, as opportunity offered, at a govern- 
ment by the charter, and greater freedom in conduct- 
ing the affairs of the province according to local 
circumstances; or else a change from the incomplete 
powers of the proprietors to a closer dependence on 
the crown. 

Recurring to the period of Morton's administration, 
we find the commoners excluded from parliament 
returning to their homes, and spreading disaffection 
everywhere. The dissenters, who had left England' 
in considerable numbers during the recent struggles 
of episcopacy and papacy had, at first, in changing 
^I'om a worse to a better condition, naturally sujDported 
submissive party in the colony. In particular, 
^lake, whose daughter Governor Morton had 

* Revolt Am. Col. p. 264. 



EAKLY HISTORY OF SOUTH CAROLINA. 151 

married, added his influence in checking and aUaying 
the "extravagant spirit" of the discontented/'' But 
the more extravagant spirit of the instructions sent 
to Carolina threw the majority of the j)eople, how- 
ever different their principles were on some matters, 
into the ranks of the opposition party. 

The proprietors had hitherto been greatly disap- 
pointed in the conduct of their chief officers, who 
had generally opposed their views, or exerted them- 
selves too feebly to promote them. But in Landgrave 
Colleton they reposed entire confidence, "expecting 
much from his talents, but more from his attach- 
ments."-]- He built himself a fine mansion at old 
Charles Town, received from the parliament an ampler 
support than had been enjoyed by former governors, 
was entitled by his nobility to 48,000 acres of land, 
and being secure of the goodwill of the proprietors 
through the influence of his brother, he no doubt 
looked forward to prosperity and happiness in the 
new home to which he brought his family .J 

The proprietors indeed had never been more faith- 
fully represented. , But the period had arrived to 
prove whether rigor or concession should be their true 
policy. They had refused to ratify the acts of the 
last parliament for the invasion of St. Augustine, 
yet they were' anxious that the colonists should be 
prepared to defend themselves. Measures were 
adopted [Jan. 1687] for raising a store of powder 
by levying a duty of half a pound of it for every 
ton according to the registered tonnage of all vessels 

* Archdalc and Oklmixon. f Pol. Ann. 323. 

X Oldmixon and Ilewit. 



152 EARLY HISTORY OF SOUTH CAROLINA. 

arriving in the province. Galleys were built, and 
beacons set up from the Edisto and Westoe Rivers 
round to Charles Town. The navigation acts were 
better enforced, and a check put, as previously men- 
tioned, upon privateering and the visits to the coast 
of piratical crews. 

There are no statutes on record of any parliament 
from July, 1687, to December, 1G90. In this inter- 
val fierce contests distracted several parliaments that 
were held. It appears that in 1G87 a committee, in- 
cluding the governor, were appointed to examine the 
Fundamental Constitutions, with the hope that such 
alterations might be made as to render them accepta- 
ble both to the proprietors and peojDle. * " The 
work grew voluminous suddenly," and was afterward 
abandoned amidst angry dissensions, the people with 
impracticable pertinacity still recurring to the set 
sent out with Governor Sayle. At length Colleton, 
"in some passion," produced in parliament (14th 
February, 1688) a letter from the proprietors (dated 
March 3d, lG87),t in which they " utterly denied 
the Fundamental Constitutions of July, 1669, de- 
claring them to be but a copy of an imperfect origi- 
nal." Since the delegates of the people had never 
assented to any set, as required by the charters, they 
" unanimously declared that the government is now 
to be directed and managed wholly and solely accord- 
ing to the said charters." The delegates took another 
step forward, and "denied that any bill must neces- 
sarily pass the grand council before it be read in par- 

* Letter to Sothell— Appendix. t See Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 153 

liament; and did proffer, for the maintenance of peace 
and justice, to assent to and approve of any law for 
that end, to be made according to the directions and 
commands in the said royal charters." During two 
sessions of parliament all legislative proceedings were 
defeated, even including the militia act which was 
necessary for the safety of the colony ; for Governor 
Colleton and the deputies insisted on proceeding ac- 
cording to the Fundamental Constitutions, by having 
all bills first pass the grand council. Finally, in 
December, 1G89, the proprietors instructed Colleton 
to call no more parliaments in Carolina without orders 
from them, " unless some very extraordinary occasion 
should require it."* As the acts were usually made 
for twenty-three months only, the consequence of 
these instructions was, that in 1G90 not one statute law 
was in force in the colon?/! 

It has been asserted, with somewhat of reproach, 
that the unruly representatives of the people had 
been purposely chosen to oppose the plans of the 
proprietors on account of the ejection from parliament 
of those who refused to sign the third set of the con- 
stitutions in December, lG85.f The people had 
surely a right so to do ; nor could they, on the other 
hand, justly blame the governor for his stanch ad- 
herence to duty in obeying his instructions. But he 
requested from the proprietors as colleagues deputies 
who would faithfully aid him in carrying out their 
plans; and at the same time excluded from the grand 
council, on frivolous charges, some of the commoners, 

* Proprietors to Sothell, May 12, 1691 
I" Oldmixon ; Pol. Ann. ; Arclidale. 



15-i EARLY HISTORY OF SOUTH CAROLINA. 

•\vliicli threw all the powers of this important branch 
of the government into the hands of the proprietary 
party. While he forbade all inland trade with the 
Indians, he endeavored in his avarice to monopolize 
its profits for himself He imprisoned a clergyman 
and fined him £100 for preaching what he considered, 
a seditious sermon. He attempted, moreover, rigor- 
ously to exact payment of quit-rents in money, which 
the people felt it oppressive to pay even in produce, 
since they paid for every acre of their lands, while 
but a small portion was under cultivation. The 
penalty of re-entry to those who held lands by in- 
denture added to their dissatisfaction the fear of 
losing their grants. 

The governor perplexed by the difficulties surround- 
ing him, and left, in a measure, alone by the proprie- 
tors, w^as willing to adopt any means to preserve his 
power in the colony. A number of persons under 
various pretenses were induced to sign a petition for 
the establishment of martial law, although no enemy 
from any quarter threatened an attack, nor were the 
colonists in any degree rebellious or tumultuous. 
Accordingly, without consulting the commoners of the 
grand council, by authority of the palatine's court, in 
other words by the will of the governor and deputies, 
a proclamation of martial law was made by Colleton 
(18th March, 1690) at the head of the militia com- 
panies, Avho were not aware of his designs. The 
commoners immediately prepared a protest against 
this unnecessary usurpation of dictatorial power; but 
their protest was not permitted to be received either 
by the deputies in council or by the secretary of the 



EARLY HISTORY OF SOUTH CAROLINA. 155 

province. Even signers of the petition, declaring' 
that they had been deceived, now joined in the general 
outcry against such an "illegal, tyrannical, and op- 
pressive way of government." Colleton evidently 
shrank from the full exercise of the power he had 
assumed ; the court of common law was allowed to 
hold its sessions, and martial discipline was not rigor- 
ously enforced. He exonerated himself on the ground 
that the delegates had refused to pass the militia act — 
that he feared an invasion of the Spaniards. The 
latter excuse was known to be unfounded ; to the 
former, thirteen of the delegates replied under oath 
that they had proposed to pass such an act. Indeed, 
as the people themselves constituted the only military 
force in the colony, the governor discovered that in 
proclaiming martial law he had " reckoned without 
his host," whose discontent and desperation were 
verging upon tumult and violence, when fortunately 
Seth Sothell arrived in Charles Town ; who being a 
proprietor by the purchase of Clarendon's share, had 
the right to supersede Colleton, according to the Fun- 
damental Constitutions. He was received with marked 
insult by the governor's party, but welcomed by the 
people as the advocate and protector of their interests. 
Berrisford, Harris, Muschamp, Percival, and Izard 
addressed him in their behalf; and about five hun- 
dred " of the best people" petitioned him to issue 
writs for a parliament. He appointed deputies to 
suit himself in violation of the commissions of the 
other proprietors, and apparently yielding to the 
popular impulse (which he had himself encouraged), 
he summoned a new parliament, who banished Colle- 



156 EARLY HISTORY OF SOUTH CAROLINA. 

ton from the province, and disqualified Lieut.-col. 
Bull, Major Colleton, and Paul Grimball for holding 
any civil or military office, because they had acted 
with the governor; and Thomas Smith, because he 
had written the petition for the establishment of 
martial law.* Although the proprietors had re- 
cently been busy in excluding James II. from the 
throne, they could not brook the imitation of their 
example, and annulled all the proceedings of Sothell's 
parliament, which they considered to have been 
illegally convened. They, however, ordered inquiries 
to be made concerning their late governor's imprudent 
conduct. They had reason indeed to apply them- 
selves now more attentively to the affairs of their 
province — for the opposition party had already taken 
another step forward, declaring : " As to instructions, 
we own the lords proprietors have the power of send- 
ing such as they please ; but cannot believe that 
their lordships did ever intend, prima facie, and with- 
out the assent and approbation of the people, they 
are to be received and put in practice as statute laws, 
except in such matters as wholly belong to their 
lordships' order and direction according to the royal 
charter." 

Sothell had been sent in 1680 to regulate the dis- 
tracted affairs of North Carolina. He was captured 
on the voyage by Algerine pirates, and three years 
elapsed before he reached America, His principal 
aim being to enrich himself, his administration at 
Albemarle was so marked by selfishness and rapacity 

* 2 Stat. 44 and 49. 



EARLY HISTORY OF SOUTH CAROLINA. 157 

tliat he was finally deposed and banished for twelve 
months. He sought refuge in South Carolina, where 
his actions seemed to the proprietors but an aggrava- 
tion of the numerous charges made against him by 
those he formerly governed.* Yet the wisdom and 
liberality of the laws he enacted, the legislative 
activity displayed in restoring stability to the colony, 
and his judicious accordance in promoting the just 
wishes of the people, throw a shadow of doubt on the 
malignant character that has been ascribed to him as 
a public officer. 

The adherents of Colleton had demanded that 
Sothell should sign the Fundamental Constitutions 
as a newcomer, notwithstanding that as a proprietor 
he was already bound by them. They demanded 
also that he should, before assuming office, declare 
his approval of the instructions as a rule of govern- 
ment. Placards Vvere posted in public places, charg- 
ing him with treason, and calling upon the people to 
withhold their obedience to his authority. The pro- 
prietors lent a ready ear to the leaders of their party, 
and recalled him under threat of an order from the 
king, to answer to the accusations against him. They 
repudiated his parliament, removed his officers, re- 
instated those whom he had displaced, and appointed 
some of his most active enemies, James Colleton, 
Thomas Smith, and Stephen Ball, with Ralph Izard 
and John Farr, on a committee to report the facts con- * 
nected with his imprisonment of Mr. Grimball, the 
secretary, for refusing to deliver up the seals used in 



* See Appendix. 

14 



153 EARLY HISTORY OF SOUTH CAROLINA. 

granting lands and records of his office. It was of 
little avail that Sothell wrote that he w^as willing to 
submit to their instructions, because this statement 
contradicted the representations of the deputies. But 
as it was designed to send two commissioners from 
the province to treat wdth the proprietors on all mat- 
ters of difference, they instructed their deputies to 
agree, fur this purpose, to what they considered a legal 
summoning of a parliament. " No proprietor single," 
they w^rote to Sothell, " by virtue of our patents, 
hath any right to the government or to exercising 
any jurisdiction there, unless empowered by the rest; 
nor hath any seven of the proprietors power to bind 
any one in his privilege or property unless by agree- 
ment- among ourselves, which agreement is contained 
in our Fundamental Constitutions." If any proprie- 
tor takes upon himself the government irrespective 
of the rest, " it is by the laws of England high 
treason," and to appoint judges and other magistrates 
is a " very high misdemeanor," as it is also in the 
person who accepts and executes an office so con- 
ferred. To remove and substitute deputies " tends 
toward a rebellion to the crown, arbitrary power in 
himself, and the outing of the rest of the proprietors 
of their rights." 

Yet, should they proceed to extremities against 
him for his conduct at Albemarle, would it not 
• sanction the insurrection of the people, those who 
had deposed and banished him — a proprietor ? Should 
they annul all that he had done in South Carolina, 
would it not justify an insurrection there? for a 
majority of the people supported his policy, and it 



EARLT HISTORY OF SOUTH CAROLINA. 159 

was evident that his administration was better than 
Colleton's had been. The unworthy means he had 
taken to enrich himself were not much worse than 
some which had been practiced with impunity by 
other governors. 

Finally in November the proprietors wrote to Sothell 
that he should cease to rule, and commanded him 
to yield obedience to Col. Philip Ludwell, whom they 
had commissioned to succeed him. It miiiht well be 
asked, if this was not as contrary to the Fundamental 
Constitutions as any thing Sothell had done ? But 
to render their measures effectual, a proclamation of 
his suspension was sent to the people, and obedience 
to Ludwell required of them '• at their peril." Sothell 
being stripped of power retired to his estates in North 
Carolina, where he died in 1694 ; and it is said that 
much of the wealth he had accumulated there, was 
regained by those from whom he had, unjustly 
taken it. 

Col. Philip Ludwell, of Virginia, had married the 
widow of Sir William Berkley, and had been ap- 
pointed in 1689 to succeed Sothell at Albemarle. 
His jurisdiction was now transferred to the colony 
at Ashley River. Although the titles of Noi'th and 
South Carolina now began to be used, no such di- 
visions of the province were made ; on the con- 
trary, it was the design of tlie proprietors at this 
to ^ nite, if practicable, the two governments ; 
'ith this object Ludwell was instructed to induce 
colonists at Albemarle to send delegates to 
es Town, and only in case of failing in this 
ipt to appoint a deputy there. 



irO EARLY HISTORY OF SOUTH CAROLINA. 

The removal of Sothell may have healed the 
afflicted honor of the proprietors, but it left unre- 
dressed the grievances of the people. Notwithstand- 
ing the friendship of Ludwell for the proprietors, and 
his desire to harmonize the distracted state of the 
colony, he entered upon his administration with no 
increase of power or promises of reform, but with 
minute directions merely to inquire into the mis- 
management of former governors and the grounds 
of popular complaint. Employ no Jacobites (he was 
told) — beware of the Goose-creek men — reconcile 
yourself to our deputies — don't expect to carry on 
the government with all parties — convince tlie people 
that the grand council has power by the constitutions 
to pass all bills before they can be submitted to par- 
liament ; if you fnid the political offenders of past 
years so numerous that it will be " dangerous to 
punish them, grant a general pardon, w'ith a few ex- 
ceptions of the most notorious, against whom pro- 
ceed by way of example" — issue writs for a new par- 
liament, giving seven members to Berkley count}', 
seven to Colleton, and six to Craven.* 

The inhabitants of Berkley were of course irri- 
tated at the lessening of their number of representa- 
tives, and particularly at allowing the French settlers 
,in Craven a seat in parliament; but the proprietors 
refused to alter the proportion, asserting that Colle- 
ton and Craven contained three fourths of t'-o."- popula- 
tion. The new parliament, however, although elected 
in accordance with the writs, were no more subserv- 
ient to the views of the proprietors than the former 

* rrivate Instructions, November 8, 1691. 



EARLY HISTORY OF SOUTH CAROLINA. 161 

had been. In their first act [October, 1G92] they dis- 
regarded an essential part of the Fundamental Consti- 
tutions, by giving the privilege of voting for mem- 
bers of the Assembly to every man worth ten pounds, 
without reference to time of residence in the colony ; 
which act, with another to provide jurymen""" by draw- 
ing twelve at a time as prepared by the sheriff, the 
proprietors wisely rejected as " dangerous to the 
country." This parliament also re-enacted the Ha- 
beas Corpus Act, giving the power of executing it to 
colonial magistrates. The erroneous doctrine had been 
advanced, that the laws of England were not of force 
in the colony. " By those gentlemen's permission," 
that so say," replied the proprietors, " it is expressed 
in our grant from the crown, that the inhabitants of 
Carolina shall be of the king's allegiance, which 
makes them subject to the laws of England. "f 

On account of the irregularities of Sothell's admi- 
nistration, or in tbe language of the Assembly, the 
" defect of the said government," as soon as the new 
Assembly met [September, 1602], an address was 
sent to Ludwell and the deputies, requesting an " act 
of free and general indemnity and oblivion, and a 
confirmation of all judicial proceedings in the late 
government," as essential for the prosperity of the 
colony, and the efficiency of any laws that might be 
made for t ^j good of the people. 

* MSS. Appendix. This act (which is lost) is supposed to have 
originated our method of drawing jurymen ; and the phxn has been as- 
cribed to Thomas Smith. According to the Journal of the Commons, 
the bill was committed for preparation to James Gilbcrtson, Joseph 
Pendarvis, Daniel Courtiss, James Stanyarne, and Joseph EUicott. 

t Letter to Ludwell, April, 1693. 
14* L 



162 EARLY HISTORY OF SOUTH CAROLINA. 

A necessity for some measure of this kind had 
already occurred to the proprietors ; but their private 
instructions prevented Ludwell from fully acquies- 
cing in the wishes of the people. His reply does 
not indicate the great mildness of disposition gene- 
rally attributed to him. '' The last assembly was 
factious," said he. " Look to your Journals, and judge 
what clemency can be demanded. We are unwilling, 
Mr. Speaker, to believe that address had a due and 
mature consideration in the house, being unable to 
comprehend those double locks and bars, viz. : in- 
demnity from and confirmation of all the judicial pro- 
ceedings that past in the last government. What the 
meaning of these two fortifications heaped on each 
other is, we cannot imagine ; for the latter only being 
granted, whom you design the other for we can only 
guess. For, certainly, on the part of any the activest 
or crudest persons in the last government, neither 
lock nor bar will be needful ; they need do no more 
than stand in the open street with the gracious 
concession in their hands, which being shown, must, 
like Medusa's head, kill all the opponents that behold 
it. And how far then an act of indemnity will shroud 
those whose properest interest it will be to seek it 
by this fatal turn of the tables, or how or when they 
will obtain it, we know not ; but do guess you well 
know (your last demand being granted) it must lie 
on the part of those who were the eminentest suf- 
ferers in the last government, to beg it to secure their 
already half cut throats from the other slash ; for our 
part, we cannot possibly see what can be ascribed to 
us (whose own throats, by the way, must be exposed 



EARLY HISTORY OF SOUTH CAROLINA. 168' 

among the rest) but by a mistaken act of mercy, to 
confirmj nay heighten, all the cruelties of the last 
government. Is this to be the way to establish peace 
and safety on either part? Mr. Speaker, we must 
own we understand it not." 

The Assembly replied, explaining their address, a 
misunderstanding of which (they thought) had caused 
his honor's " strange style." They repeated their 
request. Ludwell prepared an act in accordance 
with his instructions. The Assembly would receive 
it only with alterations. He could not alter it ; but 
to extricate himself from his dilemma, proposed that 
they should accept the indemnity as from him and 
the deputies for what it was worth, and prepare, on 
their part, a representation of grievances to the pro- 
prietors. His indemnity was unanimously declined. 

The proprietors, however, unwilling to be balked 
in their conciliatory humor, while they now dis- 
allowed such an act except from themselves, sent out, 
under their '^ great seal," a general pardon to the 
people of Carolina (James Moore and Robert Daniel 
being excepted) for all crimes and offenses " com- 
mitted prior to the publication of Ludwell's com- 
mission, in hopes that in time to come it may beget 
a firm resolution to become strict observers of the 
laws." Unhappily there was an unaccountable de- 
lay in announcing this pardon to the people.* 

It was a slight concession to the demands of the 
colonists that the quit-rents might be paid to the 
receiver-general in indigo as well as money, because 
they " would not put hardships on the people." [Octo- 

* MSS. Appendix. 



164: EARLY HISTORY OF SOUTH CAROLINA. 

ber, 1C90.] Although when payment was still with- 
held they thought it no hardship to apply the force 
of English law, ordering Mr. Griniball to " distrain for 
quit-rents under act of parliament which is in force." 
[April, 1G93]. It was a greater concession, though 
secretly admitted, that since Sothell and the Caro- 
linians had acted contrary to all the Fundamental 
Constitutions ; and " Matthews, who pretends to be 
empowered by the people, assuring us that the people 
own none, we have made your instructions," the pro- 
prietors wrote to Ludvvell, " suitable to our charter."'^- 
[November, 1G91.] Yet a still greater concession 
was rendered necessary by the action of Ludwell's 
parliament, in which a committee was appointed to 
frame a " system of government, which shows their 
weakness," said their lordships, "since they have re- 
jected the excellent system of Locke. AVe therefore 
have thought it best both for them and us to govern 
by all the powers of the charter, and shall part with 
no power till the people are disposed to be more 
orderly." This reluctance and reservation, however, 
were expressed to Ludwell alone, while publicly it was 
announced, " That as the people have declared they 
would rather be governed by the powers granted by 
the charter without regard to the Fundamental Con- 
stitutions, it will be for their quiet, and the protec- 
tion of the well-disposed, to grant their request." 

But the end was not yet. The constitutions con- 
tinued as the contract or agreement between the 
proprietors; and frequently during the next thirteen 
years, we shall find their adoption pressed upon the 

* Private Instructions. 



EARLY HISTORY OF SOUTH CAROLINA. 165 

people of Carolina. The garment that did not fit 
the infant was still so beautiful to the parent's eye, 
that it was altered, and pieced, and patched, and 
again and again lovingly tried upon his limbs, even 
in the years of his robust manhood. 

In the mean time, before this decision of the pro- 
prietors was known, the Assembly had prepared their 
representation of grievances on the conveyancing of 
lands, the mal-administration of justice, the construc- 
tion of the charter, the deficient number of delegates 
in the council and Assembly, and the obstacles to 
prompt legislative action in the ratification of laws ;* 
and the committeef from the Assembly, " to consider 
of the method and drawing up of the system of gov^ 
ernment and form of granting of land," had been 
appointed to meet a similar committee from the 
upper house ; and in the interval, all persons were 
invited to send to them " their views and suggestions 
about the government." The latter committee failed 
to meet at the appointed conference, and the Assem- 
bly imputed to Ludwell and the upper house, a 
desire to defeat their proceedings. [January 1693.] 
While denying such motives, they were yet anxious 
not to compromit themselves, and finally left the 
whole matter with the Assembly. No Solon or Ly- 
curgus arose, nor were tables of stone or brass set up 
among the people. When the decision of the pro- 



* See Appendix. 

t House of Commons committee at this time were Col. Robt. Gibbes, 
Capt. Jas. Moore, Ralph Izard, Jos. Pendarvis, and Daniel Courtiss. 
The committee of upper house — Thos. Smith, Paul Grimball, and Jos. 
Blake. 



166 EARLY HISTORY OF SOUTH CAROLINA. 

prietors was promulgated, the same laws existed as 
before ; the powers under the charter were the same 
that had always been in action ; the instructions to 
Ludwell of November 8, 1691, already in application, 
were of themselves considered a sufficient basis of 
government. 



EARLY HISTORY OF SOUTH CAROLINA. 167 



CHAPTER VII. 

The Rules of Government according to the Charter — Ludwell courts 
popularity — Landgrave Smith appointed in his place — Power pf 
originating laws yielded to the Commons House of Assembly — Dif- 
ficulties which discouraged the new Governor — He resigns, and 
proposes that a Proprietor should be sent over — Introduction of 
Eice — The Huguenots of Carolina — John Archdale arrives — His 
Instructions and Administration — Settlement of Popular Grievances 
— His Indian policy — Leaves Joseph Blake governor — The last 
Fundamental Constitutions — The Assembly desii-e greater Privileges 
— The Proprietors and People at the close of the Century. 

The condition of the province on the recall of 
Sothell had roused the proprietors to unusual activity. 
Yet the papers issued by them on that occasion were 
not calculated to produce a reorganization in the 
management of the government. ' In some particu- 
lars a new order of things was engrafted upon the 
old ; but bitter and sweet fruit grew upon the same 
branches, and the dissatisfaction of the people was 
only momentarily allayed. 

The forty-three articles of instructions/^ directed 
to Ludwell, were repeated on the appointment of his 
successor in 1693. In 1707, the Assembly, in a dis- 
pute with the proprietary governor, referred to these 
instructions, " which we take," said they, " to be the 
present standing rules of government f and the gov- 
ernor replied, " we also take them to be the present 
rule of government."f. 

In this revision and embodiment of their former 

* Appendix. f MS. Journals of the Commons. 



168 EARLY HISTORY OF SOUTH CAEOLIKA. 

instructions the proprietors strictly retained their 
agrarian regulations, and surrendered no power 
claimed for themselves directly or by implication 
from the charter. The name and some peculiarities 
of the Fundamental Constitutions were withdrawn, 
that the colonists perhaps might perceive how little 
difference such a change would effect in their behalf. 
They were charged to be submissive to a system that 
was not beyond or contrary to the charter. To 
gratify the leaders of the people, ampler provisions 
w^ere made for granting them lands by the governor, 
and the legislative privileges of the Assembly were 
defined and extended in cases in which the public 
peace and welfare required enactments, provided they 
did not " diminish or alter any powers granted to the 
proprietors." 

But these powers were general. They admitted 
other forms of application besides those so pertina- 
ciously adopted. Instead of authorizing a convention 
of the people at this crisis to frame a constitution or 
rules of government under the charter, their lord- 
ships insisted upon their own interpretation of their 
powers, and kept the tenure and acquisition of land 
alterable at their pleasure. To revolt would have 
been an act of extreme temerity under the existing 
circumstances of the colony and the mother country ; 
and the history of events consequently continues one 
of impotency and misrule, and of disaffection and 
opposition. 

We have noticed the dilemma into which Ludwell 
was led by the proprietors with respect to the act of 
indemnity. They subsequently wrote to him, " We 



EARLY HISTORY OF SOUTH CAROLINA. 169 

are glad to hear that you gain on both parties, and 
approve of your design to open their eyes. Avoid 
the snare Colleton fell into, who was popular at first; 
but the Goose-creek men, fearing the loss of their 
power, offered him an excise for his support, and in 
return made him turn out seal deputies, and disoblige 
others to please them; yet afterward called out 
against his avarice, whereby he lost the opinion of 
the people. We hear they are playing the same 
game with you, by offering a gift of a thousand 
pounds. James Moore is at the head of this faction. 
And in return you had an act of indemnity which 
you had not the power to grant.""—" We observe 
you say the Goose- creek men are resolved to oppose 
all we shall offer; therefore they ought not to be em- 
ployed. You say Sir Nathaniel has hopes for 

himself, were the government changed to the king. 
This cannot be from AVilliam, because he quitted the 
Leeward Islands on account of refusing to take the 
new oaths. Watch his actions."* 

In endeavoring to " gain on both parties," the gov- 
ernor placed himself in a new dilemma. The style 
of the enacting clause had hitherto recognized the 
nobility as possessing the inherent legislative func- 
tions ascribed to them in the constitutions. The 
commons requested Ludwell's advice on this point. 
He told them to strike out " the nobility," and men- 
tion in their acts only the proprietors and the Gene- 
ral Assembly, and forgetting the full title of the 
former, "true and absolute," which they insisted 

* MS. Letter, 12 April, 1693. 

15 



170 EARLY HISTORY OF SOUTH CAROLINA. 

upon.'=' lie had also assented to several acts Avhicli 
the proprietors immediately annulled, as radical and 
dangerous to the colony ; and thereupon repealed a 
part of their forty-three articles of instruction, forbid- 
ding the, publication of a certain class of important 
laws until ratified by themselves in England.f He 
had been empowered to grant lands, and furnished 
with a form of indenture for that purpose. The op- 
position of the people finally induced him to propose 
to the Assembly another form of deed for granting 
lands, on terms that affected the interests of their 
lordships. [Nov. 1G93.] In avoiding the whirlpool 
he was thrown "against the rocks. Thomas Smith, 
one of the earliest settlers, had married the widow of 
John D'Arsens, who held a grant of 12,000 acres from 
the proprietors. Smith held also grants of his own, 
and was otherwise possessed of extensive property. 
He had been a deputy in council, and sheriff or chief- 
justice of Berkley county, and was chosen to succeed 
Colleton in 1G90 ; but the arrival of Sothell caused his 
commission to be withheld. He was made landgrave 
in 1691, with 48,000 acres of land, and was now 
appointed governor and commander-in-chief in Caro- 
lina, with similar instructions to those given to Lud- 
well, including the obtaining of delegates from North 
Carolina, and the placing of a deputy-governor there. 
Originally, all laws passed the council before they 
could be proposed in the Assembly ; provided no nega- 
tive was put on the council's decision by what was 
called the palatine's court. In the constitutions, as 

* His reply to the House. MS. Journ., Sept. 1692. 
t Appendix, Letter, Nov. 8, lCi)2, 



EARLY HISTORY OF SOUTH CAROLINA, ITl 

altered in 1682, the grand council were at liberty to 
propose what they pleased to the Commons House 
of Assembly ; or if the proposal of a necessary law 
was Helayed by them, and the majority of the grand 
juries of the counties presented the matter for legis- 
lation, it became " lawful for any of the chambers to 
take cognizance of it, and propose it to the house."* 
This alteration, we doubt not, was beyond the ap- 
preciation of those for whom it was meant as a con- 
cession. But it foreshadowed that reluctant untram- 
meling of the legislative power of the people, which 
it was the fortune of Gov. Smith to announce in 
these words : " The proprietors have consented that 
the proposing power for the making of laws, which 
was heretofore lodged in the governor and council 
only, is now given to you as well as the present 
council."-}" Henceforth the Assembly claimed the 
privileges and usages of the House of Commons in 
England, and the proprietors allowed the claim. 

On the appointment of Smith, much was expected 
from his character, experience, and intimate know- 
ledge of colonial affairs. But he lost courage at the 
popular ferment about the tenure of lands, payment 
of quit-rents, the naturalization of the Huguenots, 
and the recent annulment by the proprietors of the 
laws of Lud well's parliament relating to juries and 
the election of representatives. J Among his first in» 
structions, Smith had been enjoined to compel by 
law the collection of rents, and assume the responsi- 

* See Fund. Consts. Letter from Proprs., Appendix, 
t MS. Journal of the Commons, May 15, 1694. 
X Report of Grievances. Appendix. 



172 EARLY HISTORY OF SOUTH CAROLINA. 

bility of directing the receiver-general ; and there 
stood the violent James Moore and his coadjutors, 
determined not to pay. " We jDart with our lands 
only on our own terms," reiterated their lordsliips ; 
"and we consider your deed invalid," rejoined the 
faction of the people, " because only some of you have 
set your hands and seals thereto." A number of the 
malecontents quitted the province ; and it was thought 
unless others went peace could not be restored. At 
length Gov. Smith, despairing of allaying the disturb- 
ances, wrote to the proprietors [Oct. 1C94] that he 
and others intended to abandon Carolina and live in 
some other part of America; " that it was impossible 
to settle the country, except a proprietor himself was 
sent over with full power to heal their grievances."* 
Without waiting for their reply, he resigned, and 
Joseph Blake acted in his stead until a new governor 
should be commissioned.-|- 

The Edict of Nantz, which conferred the blessings 
of religious toleration on Protestants in France, was 
revoked bv Louis XIV. in 1685. Before its revoca- 



* Archd. 101. 

t Hewit's and Ramsay's account (see also Glen's " Description, &c.," 
2 Carroll's Coll., p. 270,) of the introduction of rice by Gov. Smith in 
1694, may be true, except the date. But I could not repeat it while 
unable to explain the act of Assembly, Sept. 26, 1691, conferring a re- 
yard on Peter Jacob Guerard, inventor of a '' Pendulum Engine" for 
" husking" rice, which was superior to any machine previously used io 
the colony. (See 2 Statutes at Large, 63.) In Appendix, in the bill of 
lading from London, 1671, one barrel of rice is mentioned, but it is not 
said that it was seed rice. It may be here noticed that cotton was ex- 
ported from Carolina to the northern colonies before 1693. It was, 
with indigo, one of the products to be tried on the Experimental Farm 
by Col. West, under instructions of July, 1669. 



EARLY HISTORY OF SOUTH CAROLINA. 173 

tion the Calvfiiists, or Huguenots, had not been alto- 
gether free from abuses and restrictions ; but when 
the protection of the law, though imperfect, was with- 
drawn, all the rigors of a bigoted tyranny were exer- 
cised against those who would not turn to the Catho- 
lic faith. Soldiers were stationed in their houses, 
children torn from their parents, tortures inilicted, 
and thousands of Protestants brought to death by the 
most inhuman persecutions; and yet, as if to pen up 
the victims, emigration was forbidden, and the sea- 
ports guarded to prevent their escape. 

Nevertheless about half a million are said to have 
effected their escape through the inland borders of 
France, chiefly to Holland and thence to England. 
Of those who came from those countries to New 
York, a part preferred the warm climate of South 
Carolina, whither some of their countrymen had 
already emigrated. 

The history of this first emigration is not with- 
out interest. In 1680, Charles had given a free pas- 
sage in the ship Richmond to some families, forty-five 
persons in all, being half of those who then designed 
to remove from England to Carolina. It was hoped 
that they would introduce the successful cultivation 
of vines, and the production of olive oil and silk.* 
The favor of the government was obtained for them 
through the petition of Rene Petit, granted in the 
king's council, in October, 1679; and land Avas be- 
stowed upon them by the proprietors.*]- Unfortu- 
nately the eggs of the silkworm were hatched at 

* A Complete Discovery of Carrol., 1682, Carr. Coll. 2, p. 65. 
t MSS Appendix. 

15* 



174 EARLY HISTORY OF SOUTH CAROLINA. 

sea, and for want of sustenance the worms died, and 
thus was frustrated the intention of erectinc; a "manu- 
factory of silk" in the colony. The transplantation 
of native grapevines had already been begun by the 
settlers, whose vineyards contained also, through the 
gift of some of the proprietors, "the noblest and ex- 
cellentest vines of Europe," Olive trees from the 
West Indies grew luxuriantly in the soil of the pro- 
vince. But the improved cultivation of those pro- 
ducts, expected from the experience of the French, 
was not realized. The good-will, however, of the king 
and lords proprietors toward the distressed and ex- 
iled Protestants is an instance of noble humanity, 
while their solicitude for the enrichment of Carolina 
in the best agricultural staples, presents a contrast to 
their want of wisdom in regard to her political 
welfare. 

Private contributions and the munificence of par- 
liament gave aid and encouragement to the multi- 
tude that sought refuge in England after the revoca- 
tion. Liberal grants of land were made by the pro- 
prietors to many who desired to emigrate to South 
Carolina. Including a small portion to some Swiss 
settlers, these grants, within two years, amounted to 
more than fifty thousand acres. f Both what was 
given and sold were on equal terms of possession and 
descent with the lands given and sold to English set- 
tlers, notwithstanding the opinion of the latter that 
the new-comers were aliens in all respects in the 
colony, as they were in the mother country. 

The nobility and wealthier portion of the refugees 

* See " List," Appendix. 



EARLY. HISTORY OF SOUTH CAROLINA. 175 

remained nearer their old homes, in Enghand and on 
the continent. Those who ventured to America 
were generally tradesmen, agriculturists, and me- 
chanics.* Merchants, goldsmiths, watchmakers, ship- 
wrights, block-makers and sail-makers, coopers, wea- 
vers, leather-dressers, gardeners, apothecaries, gun- 
smiths, wheelwrights, and other artisans, found a home 
and employment in Charles Town; while about 
seventy families settled in Craven county, on the 
Santee (and some on Copper River, and at Goose 
Creek), and industriously set to work in clearing and 
cultivating the ground. Their coming was a happy 
event. The colony needed such men. Sobriety and 
earnest labor brought to the destitute exile compe- 
tence and accumulating comforts. Sucli as had been 
able to fetch money with them, and had purchased 
lands and slaves, soon saw themselves surrounded by 
the teeming plenty of fertile plantations. The stran- 
ger who entered their hospitable dwellings could not 
fail to be impressed by the kindly feeling and mutual 
assistance that prevailed among those sufferers in a 
common cause, and now so far separated from their 
native land.f 

Gov. Sothell had the wisdom to see the usefulness 
and noble character of these immigrants ; and as soon 
as he had power, all French and Swiss Protestants 
were by law constituted as free born in the colony, 
and of equal rights with the other settlers.J But the 
proprietors, as before mentioned, dissented to all " the 
pretended acts" of Sothell's parliament; and the 

* 2 Stat. 132. . t Lawson, p. 12. 

X 2 Stat. 58, 59, Jtay, 1691. 



176 EARLY HISTORY OF SOUTH CAROLINA. 

king himself rejected this innovation in naturalizing 
aliens within tlie limits of his dominion/-' 

It is surprising that, immediately after this, the 
lords proprietors issued orders to Gov. Ludwell to allow 
six members of parliament from Craven county, which 
was peopled almost exclusively by these Huguenots.-j* 
Was it to lessen the power of the people's party in 
Berkley ? It only created a new ferment. " Shall 
the Frenchmen," said the English colonists, " who 
cannot speak our languaige, make our laws ?" And 
the flame of national animosity was re-enkindied 
against those whom they had lately welcomed with 
kindness, and whom the officers of the proj)rietors 
had been instructed to befriend. 

Memorials were addressed the governor to dis- 
suade him from permitting the French to have a seat 
in the Assembly. The severities of the alien law of 
England were threatened acjainst them and their chil- 
dren. Their marriages and their property were held 
equally unentitled to the respect and protection of 
the laws. 

On these points, after consultation among them- 
selves, they addressed complaints and inquiries to 
the lords proprietors, who sent the following instruc- 
tions to the governor and deputies, April 10, 1693. 
" The French have complained to us that they are 
threatened to have their estates taken from their 

* I take ibis to be the act " repealed by the king iu council." See 
Note of Editor, 2 Statutes, 118. 

t Hewit says they were not allowed a single representative. But the 
Journals of the Assembly show that the parliament, in September, 1692, 
contained the six members from Craven, who swore allegiance to "Wil- 
liam and Mary. The preceding Journals are lost. 



EARLY HISTORY OF SOUTH CAROLINA. 177 

children after their death, because they are aliens. 
Now many of them may have bought the lands they 
enjoy of us, and if their estates are forfeited, they 
escheat to us, and God forbid that we should take the 
advantage of the forfeiture, nor de we so intend ; and 
therefore have sent our declaration under our hands 
and seals to that purpose, which we will shall be 
registered in the secretary's and register's office, that 
it may remain upon record in Carolina, and be oblig- 
ing to our heirs, successors, and assigns. They also 
complain that they are required to begin their divine 
worship at the same time the English do, which is 
inconvenient to them in regard to several of their 
congregation living out of the town are forced to come 
and go by water, and for the conveniency of such, 
they begin their divine worship earlier or later, as 
the tide serves, in which we would not have them 
molested. They complain also that they are told the 
marriages made by their ministers are not lawful, 
because they are not ordained by some bishop ; and 
that their children begotten in such marriages are 
bastards. We have power by our patent to grant 
liberty of conscience in Carolina ; and it is granted 
by an act of parliament here ; and persons are mar- 
ried here in the Dutch and French churches by minis- 
ters that were never ordained, and yet we have not 
heard that the children begotten in such marriages 
are reputed unlawful or bastards. And this seems 
to us opposite to that liberty of conscience their ma- 
jesties have consented to here ; and we, pursuant to 
the power granted to us, have granted in Carolina. 
We desire these things may be removed, and that 

M 



178 EARLY HISTORY OF SOUTH CAROLINA. 

their complaints of all kinds be heard with fiivor, 
and that they have equal justice with Englishmen, 
and enjoy the same privileges ; it being for their ma- 
jesties' service to have as many of them as we can in 
Carolina. We would have them receive all manner 
of just encouragement whatsoever. And we w^ould 
have you send for the chief of them, and give them 
assurance of it."* 

In a letter to Mr. Trouillard, (their minister), and 
six others, they said : " Perhaps you too opposed the 
fourth set of the Fundamental Constitutions, the 
last we sent to the colony ; these would have been 
your protection. But in future look to us as your 
protectors, and do not be led by those men who oppose 
our plans."*j- 

But the naturalization of aliens in America w^as 
a matter about which the proprietors hesitated to 
express an opinion. Could they then expect them, 
under such circumstances, to " have equal justice with 
nEnglishmen and enjoy the same privileges ?" If the 
fears of the Huguenots on the one hand were quieted, 
on the other they could not have complained of the 
popular efforts to exclude them from a participation 
in the political powers of the government.| 

The letters received from Gov. Smith and Sir 
Nathaniel Johnson in 1694, induced the proprietors 
to call a full meeting to consider the state of the 



* See Appendix. f 12 April, 1693, MSS. 

% I have seen (in the possession of Ogden Hammond, Esq.,) a list of 
the French Protestants who at different times arrived at New York, 
and many of whom came on to Carolina. The list contained 372 
names. The original is in the handwritinsr of Guillme. Le Contc. 



EARLY HISTORY Oi- SOUTH o^^. 

colony, and to elect one of their number to go to 
Carolina with extraordinary powers to appease ' the 
discontent of the people. The young Lord Ashley, 
grandson of the Earl of Shaftesbury, was unani- 
mously chosen for this important duty ; but declining 
it because the affairs of his father required his atten- 
tion in England, the proprietors elected John Arch- 
dale, [July 18, 1694], a pious and intelligent Quaker, 
who had obtained a proprietorship through Thomas 
Archdale, the purchaser of Lady Berkley's share. 
[May, 1681.] 

A year elapsed before he reached Virginia; from 
which place, although clothed with discretionary 
authority, he scrupulously requested specific power 
to appoint new deputies, to abate the quit-rents in 
arrear and to sell land. His request was granted, and 
where he needed guidance, he was referred to the 
instructions sent to Ludwell. At length on 17th 
August, 1G95, he entered upon his government at 
Charles Town, with conciliatory expressions to a'., 
parties, and a patient inactivity in public affairs. He 
came with authority to settle all disputes concerning 
lands ; to sell, at £20 per thousand acres, the land 
near the settlement, and .£10 for the same quantity 
in the interior ; to take care of the Indians as he 



Ramsay (So. Ca. 1, p. 5,j gives only 63 family names. On the Hugue- 
nots, see also Weiss, and the interesting papers of Daniel Rav- 
enel, Esq., in the Southern Inielligencer, Charleston, June, 1822, or 
City Gazette, May, 1826, containing a list of 117 French and Swiss 
refugees who wished to be naturalized, probably about 1G96, with 
their place of birth and family relationship. The list begins with Rev. 
Elias Prioleau and Rev. L. P. Trouillart. See MSS. Appendix; in 
1699, the number in the four different churches amounted to 438. 



.^^xyjixi Kji: ouJTn CAROLINA. 

thought best ; to build new towns ; to fortify Charles 
Town, and grant it a particular charter; and to 
permanently settle the government by examining the 
Fundamental Constitutions, finding what would be 
acceptable to the people, and proposing a new set to 
the proprietors for their confirmation/^' 

Archdale spent several months in privately " allay- 
ing the heats" of the people, and when he judged 
them fit for " a solid settlement of this hopeful colo- 
ny," his first parliament was convened. -j* They ex- 
pressed their thanks for his " good favor and great 
kindness" to the people, and their readiness to unite 
their efibrts for the "perfect settlement" of the 
province. 

Then business ensued. He told them the proprie- 
tors required the jury act to be clianged so that the 
names of jurymen should each be on single pieces of 
parchment and not by twelves. He next informed 
them that the price of selling land was altered to only 
' alf the former price, and bade them remember the 
proprietors had borne the expense " of several thou- 
sand pounds" out of their own pockets in settling 
the province. As he had spoken to them of his 
"many dangers and hardships" by land and by 
water incurred only for their benefit, the Assembly 
immediately gave him the opportunity he seemed to 
desire, to benefit them, and earnestly solicited him to 
remit the arrears of rent, which were now a grievous 
burden upon all the people. To their surprise he 



* Articles of Instruction for Archdale, MS. Journals of Assembly. 
t His address to the Commons. Nov. 1695. 



EARLY HISTORY OF SOUTH CAROLINA. 181 

refused to do so except on hard conditions.'-' They 
had no doubt looked for his arrival as for the comins: 
of a bright messenger from afar with healing in his 
wings. 

Archdale himself says, " But, courteous readers, 
after this fair blossoming season to produce peace 
and tranquillity to the country, some endeavored to 
sow seed of contention, thereby to nip the same ; 
insomuch that they sat six weeks under civil broils 
and heats ; but at length recollecting their minds 
into a cooler frame of spirit, my patience was a great 
means to overcome them."f These remarks are 
applicable to both his parliaments ; but he did not 
expend much of his patience upon the first, which 
was dissolved after a session of a few weeks. [Nov. 
29.] Thereupon the speaker, Jonathan Amory, 
presented the governor a petition in behalf of him- 
self and the people at large for thirty representatives. 
Archdale immediately issued a proclamation for the 
freemen of the colony to meet on 19th December, at 
Charles Town, " then and there by a majority of 
their voices to agree to and ascertain the number of 
their representatives." He professed to do this in com- 
pliance with the request of the " modest and reasona- 
ble members of the House of Commons and other well- 
meaning inhabitants," and not at all to please " the 
obstinate majority," who had just defeated his designs 
""^^ the peace of the province. J 

.le thirty representatives on which the people 
decided, the twenty for both Berkley and Craven 

* MS. Journals of the House. f Descript. of Carolina, p. 103. 

t See Appendix. 

16 



182 EARLY HISTORY OF SOUTH CAROLINA. 

were elected at Charles Town, and the ten for Colle- 
ton at Capt. Bristow's plantation in that county. 
The Huguenots were not among the " liege subjects" 
who assembled in parliament, January 1696. An 
humble petition was again made for an abatement of 
the debts due to the proprietors.* Archdale and his 
council proposed to remit all arrears to Michaelmas, 
1695, provided the remaining debts were secured, the 
town fortified by means of taxes, and measures taken 
for the ready payment of quit-rents for the future. 
The Assembly first demanded an accurate statement 
of accounts between the people and proprietors. 
Whilst the governor thus bargained where he ought 
generously to have given, he requested on his part 
a clause to be inserted in the militia act in behalf of 
"tender consciences," which was .negatived, nemine 
coniracUccnte.'f 

At length business proceeded more in the spirit of 
compromise, and some important laws were passed. 
The A ssembly agreed to the stipulations of Archdale, 
and on the other hand, quit-rents were remitted for 
three years to all who held by grant, and four years 
to all who held otherwise, except for baronies or cre- 
ditors to the proprietors. J 

The repeal of laws not infringing on the rights of 
the crown, or of the proprietors, or relating to lands, 
could not be made ivithout the consent of the General 
Assembly. \ This restricted the veto power of the 
proprietors, and was doubtless more than the Assem- 
bly had hoped to gain. 

* See Appendix. t Journals, Feb. 19, 1696. 

X 2 Statutes, 102. 2 2 Statutes, 101, I 16. 



EARLY HISTORY OF SOUTH CAROLINA. 183 

Lands rented were to be held at a penny an acre, 
or the vahie thereof in indigo, cotton, silk, rice, beef 
or pork (barreled), or peas ; to be appraised by an 
equal number of men appointed by the governor and 
the commons in Assembly. In case of non-payment 
of the quit-rent, the receiver of the lords proprietors 
could distrain, or bring an action in court for recovery. 
The land should not revert to the proprietors unless 
payment were delayed for seven years. All former 
grants or purchases, from authorized agents, notwith- 
standing any legal deficiencies in the conveyance, 
were confirmed to their possessors. 

Delays in obtaining lands were obviated. New 
settlers were exempt from rent for five j-ears. To 
all who wished to purchase, the price of land was 
fixed at £20 per 1000 acres, with a rent of 12d. per 
100 acres, and not revertible till non-payment for 21 
years. These reversions of land were intended to 
prevent unoccupied tracts hindering the contiguity 
of settlements. 

These measures removed the " doubts, jealousies, 
and discouragements" of the people. The judicial 
and military officers were retained in their positions; 
but the deputies of the grand council were made 
"two moderate churchmen to one high churchman, 
whereby the balance of the government was preserved 
peaceably in my time," he writes in 1707, "and so 
left and continued whilst Blake, whom I left governor, 
lived."* By these party names, subsequently used, 
it is meant that he appointed two of the party (who 

* Archdale, 113. 



184 EARLY HISTORY OF SOUTH CAROLINA. 

were generally dissenters or moderate men of the 
Episcopal church) who, formed under West, favored 
the progress of the people, and had recently suc- 
ceeded in counteracting those who espoused the con- 
stitutions and the illiberal powers of the lords pro- 
prietors. 

Archdale's humanity led him to take a lively 
interest in the welfare of the Indians. But his laws 
affecting them were not so wise as his interference in 
settling their disputes when he had an opportunity. 
He released from captivity four Indians and sent 
them back to their tribe near St. Augustine, with a 
friendly letter to the Spanish governor ; who was in- 
duced thereby to act kindly in return to some English- 
men shipwrecked on the Florida coast. His benevolent 
advice to the Indians near Cape Fear caused them to 
befriend a number of passengers soon afterward cast 
away at that spot. But his views for maintaining 
peaceable relations between the colonists and savages 
were inconsistent with the nature of the latter and 
the advancement of the former.* His plan to secure 
justice by making the white man judge in all cases, 
as well between Indian and Indian as between white 
men and Indians, had already failed under previous 
governors. Sothell had forbidden, under severe pen- 

+ Archdale's plan for converting the Indians to Christianity, was to 
send among them missionaries skilled in chemistry and mineralogy " to 
introduce them into a good opinion with the Indians." " Let them have 
sent with them (if not far from the English) some English children to 
introduce familiarity with the Indian children, so that they may be 
brought to learn letters, &c." (Description, <fec., p. 99.) Lawson im- 
proved this plan by advising amalgamation as the surest means of con- 
version. 



EARLY HISTORY OF SOUTH CAROLINA. 185 

filties, fire-arras and rum to be given them. Arch- 
dale's law was more lenient, and entitled all Indians, 
near the settlement, to a pound of powder and thirty 
bullets for each destructive beast they killed, beyond 
the 3"early tax of " one woolfe's skinn, or one tiger's 
skinn, or one beare's skinn, or two catt skinns." A 
similar tax had been unsuccessfully recommended by 
Governor Smith. Previously the aborigines were 
regarded as a distinct people, irreconcilably averse to 
mingling with the whites, and incapable of the re- 
straints of their laws and customs. But Archdale 
undertook to be their friend, and including them 
under the protection of his government, imposed upon 
them in return the tax above mentioned. And as 
the enforcement of a law requires a penalty, all who 
failed to produce the "skinn" were publicly to receive 
a severe whipping " on the bare back."'-' It is not 
likely that the colonists carried this law fully into 
effect ; nor perhaps another of his laws against steal- 
ing boats and canoes, by which a white freeman or 
servant was punished by a fine, whilst the Indian for 
tlie same offense was included with the slave and 
received thirty-nine lashes, and for a second offense 
had his ear cut off.-j- 

Archdale, yielding to the opinions of the people, 
left the Indian trade, and the condition of the Hu- 
guenots as he found them, but advised, with regard 
to the latter, the plan which was afterward adopted. 
He seemed afraid lest he should do too much ; and 
leaving many things undone which required atten- 

* 2 Statutes, 109. t 2 Statutes, 105. 

1G=== 



186 EAKLT HISTORY OF SOUTH CAROLINA. 

tion, he hastened from the colony [1G96], after ap- 
pointing his friend, Joseph Blake, governor. He had 
been mild and just, and the people respected him; 
he had conceded a few privileges, and they eulogized 
him ; he had remitted their debts, and they heaped 
upon him their heartfelt thanks. In the gentleness 
of his nature he considered that he understood all 
their wants and wishes, and could suggest an accept- 
able remodeling of the fundamental form of govern- 
ment. He lived to see that his permanent establish- 
ment of tranquillity did not last longer than a few 
years. 

The administration of Blake"^ was peaceful. His 
most important measure was the enfranchisement of 
the Huguenots and all other aliens, which met the 
hearty approval of the proprietors. Whoever applied 
for citizenship obtained it on swearing allegiance to 
the crown of England. All Christians, " Papists only 
excepted," were confirmed in privileges of religious 
liberty and worship.f [March 10, 1G97.] 

When the last revised set of the unalterable con- 
stitutions was submitted to the commons in Assembly 
[Sept. 1698], they quietly postponed the considera- 
tion thereof " till another time. "J Reduced to forty- 
one articles§ by the omission of manors and leetmen, 
the cumbrous system of courts and their dignataries, 

* Son of the first mentioned Jos. Blake ; he became landgrave and 
proprietor. See Oldmixon, who had lived with the family in England. 

t 2 Statutes, 133. t MS. Journals. 

§ These constitutions were signed April 11th, 1698, by Bath, palatine ; 
A.Ashley; Craven; Bath, for the Lord Carteret; Wm. Thornburgh, 
for Sir John Colleton; Thos. Amy, and William Thornburgh. A 
printed copy is in Charleston Library-. 



EARLY HISTORY OF SOUTH CAROLINA. 187 

&c., the new constitntions remained the same in 
matters of religion ; still created landgraves and ca- 
ciques to form the upper house of parliament, limit- 
ing them however to half the number of the commons; 
made the governor and council the palatine's court, 
and continued to proclaim that property was the 
foundation of " all power and dominion" in Carolina. 
With these constitutions six engrossed (blank) pa- 
tents for landgraves and eight for caciques, were sent 
as an inducement for their favorable reception. 

After several weeks had passed, the Assembly re- 
quested the governor and council to inform them if 
they had power to alter and amend the proposed form 
of government, and were told they had not. But 
they appointed a committee'^' who denied to landgraves 
and caciques, as an order, all legislative power ; re- 
quired baronies to be reduced to a smaller extent of 
land; that throughout the colony lands should be 
secured to the people at the present rate of rent and 
purchase, and that no freeholder of a certain quantity 
of land should have his body attached in civil causes. 
The constitutions consequently were again laid aside 
by the proprietors. 

But the people found new grievances to keep 
awake, their spirit for political improvement; and the 
assembly prepared an " humble address" to their lord- 
ships, setting forth their gratitude, and requesting 
compliance with certain " little things, compared with 
those many and grand fivors" of Archdale's time.-j- 

* The committee of the Assembly were Captain Job Howes, Ralph 
Izard, and Dr. Charles Burnham. 
t See Appendix. 



188 EARLY HISTORY OF SOUTH CAROLINA. 

Some of these ''little things" were, that the governor 
and council, with consent of the Assembly, might 
have power to repeal any law confirmed by their 
lordships, and that the former might be less restricted 
by instructions; that no law, from any source, should 
be of force in the colony, if not passed by the colonial 
legislature; that not more than 1000 acres of land 
should bo granted in one piece; that they might have 
the right of coining money, &c. The proprietors 
merely replied to Gov. Blake, that they were aston- 
ished that he, being a proprietor, had permitted such 
an address to be issued — a precedent for so much 
future evil. 

The Assembly meant, in a part of this presenta- 
tion of requests and grievances, to assert that the 
king had no right by orders of his council to enjoin 
upon the proprietors (as several times he had done), 
to publish and enforce acts of the British parliament 
in Carolina ; or if the proprietors thought themselves 
bound to obey the king, such acts, to be binding upon 
the colonists, must first be re-enacted by their own 
parliament. The acts at this time complained of, 
related to trade and navigation, privateering and 
pirates. The impunity occasionally extended to 
pirates, who aimed their blows against tlie enemies 
of the colonists, was not confined to Carolina. They 
met with greater indulgence in Philadelphia, and 
along the coast of Pennsylvania and Delaware, 
where roamed the fleet of Capt. Kid.'-' The king's 
council reiterated complaints to the proprietors, who 

* See Mem., Hist. Soc. of Peims., vol. 4, pt. 2d. 



EARLY HISTORY OF SOUTH CAIIOLIXA. 189 

ill turn complained to tlieir governors and deputies,"' 
[1698J But if a pirate's ship Avere captured, to 
whose use, in the absence of provincial laws, should 
its valuable cargo — Spanish ingots, and perhaps the 
jewels of the Great Mogul — be confiscated ? If a 
trading ^'essel were seized for violating the British 
navigation acts, or that "for preventing frauds and 
regulating abuses in the plantation trade," who should 
protect the king's interests, and receive his "thirds?" 
Before what court should the case be tried ? More- 
over, in appointing governors, would it viohite the 
privileges of the proprietary charters to require first 
the approbation and sanction of the king ? Had not 
the king in council the power of annulhng any ob- 
noxious provincial law, even after it received the 
ratification of the proprietors ? Hence arose propo- 
sals in England for sending out attorneys-general to 
the provinces, for erecting courts of admiralty, and 
again, for bringing all proprietary governments under 
a nearer dependence on the crown. 

But again the lords proprietors bent before the 
blast, and by a prudent submission to all the wishes 
of the higher power, still avoided a surrender of their 
charter. Some of them had purchased for £300 
their eighth of these vast domains, now rapidly in- 
creasing in value. It had been a joint-stock business 
from the beginning. It was not the fault of king 
Charles that his friends had not sooner realized their 
fortunes from his lavish gift. The fault had been in 
themselves, in their stubborn system of government, 

* " List," Appendix. 



100 EARLY HISTORY OF SOUTH CAROLINA. 

which was framed without regard to circumstances 
or consequences, and they were now ungraciously 
yielding both to their king and to their colonists. 

The colonists, on the other hand, were growing in 
numbers and riches/'"' Rice and indigo, furs and 
skins, turpentine, lumber, salted provisions, and many 
other articles were exported; while at little trouble 
or expense, abundant supplies of food were obtained 
from the water, from the forests and cultivated fields. 
The fame of their success had reached distant lands. 
What if the century closed upon them under an 
anomalous political system? The changes already 
wrought only indicated good. In proportion to their 
increase of strength, they felt the loosening of the 
bonds which suppressed their growth and impeded 
their progress. 

* But (Ley were not exempt from many calamities. — On March 12, 
1697-8, tiie governor and council wrote to the proprietors, " ^Yc have 
had the sni.ill-pox amongst us nine or ten months, which hath been very 
infectious and mortal ; we have lost by the distemper 200 or 300 persons. 
And on 24 Feb. last, a fire broke out in the night in Charles Town, 
which hath burnt the dwellings, stores, and out-houses of at least 50 
families, and hath consumed, (it is generally believed,) in houses and 
goods, the value of £30,000 sterling." 

April, 1698.— The small-pox still continued, and many Indians died 
from it. (See Dalcho, 32, note.) In the year following, an afflicting 
disease broke out, which is supposed to have been the first appearance 
of yellow fever. 



EARLY HISTORY OF SOUTH CAROLINA. 191 



CHAPTER VIIL 

Nicholas Trott — His Influence in tlie Colony — Death of Blake — A 
Faction places Moore in his place — Abuses at Election — Secret Ex- 
pedition against St. Augustine — Queen Anue's War — Failure of the 
Expedition— Its Results — Defection of the Assembly — Riot in Charles 
Town — Sir Nathaniel Johnson, Governor — Granville, Palatine — The 
Faction predominate — The Establishment of the Church of England 
becomes their chief object — Increased Abuses at Election — Com- 
plaints of the People — Military Condition of the Province — Moore's 
Expedition against the Apalatchee Indians — French and Spanish In- 
vasion of Carolina — Repulsed — Designs of the New Party — Dis- 
senters and Episcopalians — Trickery in summoning the Assembly — 
Act passed excluding Dissenters — Protests of the Minoi'ity — Estab- 
lishment of Church of England — Boon sent to England by the Peo- 
ple — Rejected by the Proprietors — Petitions the House of Lords — 
Their Address to the Queen — Proceedings against the Charter — Colo- 
nial Acts declared null and void — Events in the Colony under the 
Disqualifying Act — A New Assembly in favor of the Dominant 
Party — The Governor's Violence. 

In 1G98, Nicholas Trott, Esq., of London, once go- 
vernor of the Bahama IsUmds, received a commission 
from the proprietors to be Attorney-general of South 
Carolina. His duties embraced, besides the prosecu- 
tion of criminal matters, the examination of proposed 
laws with respect to their concordance with those of 
England, and the preparation of laws affecting land, 
and the Indian trade ; all public commissions and 
grants were to pass through his office, and the records 
of all offices were to be opened to his scrutiny. He 
was also made naval officer to advise with and assist 
the king's officers in collecting the customs, &c. Pos- 
sessed of great abilities and clothed with extensive 
powers, Mr. Trott came recommended especially to 



192 EARLY HISTORY OF SOUTH CAROLINA. 

the attention of Gov. Blake, and immediately at- ' 
tained an influential position in the colony. Being 
elected to the next Assembly, he exhibited at once 
that proclivity to antagonism which marked his sub- 
sequent career. In a conference of committees from 
the council and Assembly [February 19, 1700] on a 
bill for regulating the court of admiralty, Gov. 
Blake, who presided, was insisting upon a certain 
point, when Mr. Trott interrupted him with the re- 
mark : " With submission to your honor, you are too 
fast ; we are not come to that point yet ;"* and with- 
out disclaiming an intention to offend, declared in 
reply to such a charge, his right to freedom of speech, 
since he recognized Mr. Blake as one of a committee, 
and not in his character of a proprietor and governor 
of the province. The conference was dissolved, and 
Blake refused to meet them again if Trott should be 
present. The matter was referred to the Assembly, 
whose interests Trott affected for the sake of popu- 
larity ; and they resolved " that any manager ap- 
pointed by this house have freedom of speech, as it 
is their undoubted right." But Trott had rendered 
himself censurable for partiality as the prosecuting 
officer of the port, and the governor suspended him 
on this account from exercising the functions both 
of attorney-general and naval officer. At this junc- 
ture, Gov. Blake died ; and Trott had no difficulty in 
persuading the next Assembly to resolve that there 
were not sufficient reasons for his suspension, and to 
request his reinstatement, which was granted, after 
a strange show of reluctance, by his friend the suc- 

* MSS. Journals. 



EARLY HISTORY OF SOUTH CAROLINA. 193 

cesser of Blake, occasioned no doubt by Trott's oppo- 
sition to too flagrant a scheme of the new governor 
to turn to his private advantage the emoluments of 
the Indian trade. 

Daring the session of the same house, the Funda- 
mental Constitutions brought over by Major Daniel 
were subjected to the criticism and ridicule of the 
attorney-general. And yet from his report it is not 
easy to say whether he was in their favor or against 
them. After stating the immunities granted by the 
charter to the proprietors, and the necessity for a con- 
currence of the freemen of the province in the esta- 
blishment of any law or constitution, it is reported 
" that the said original charter is the only true basis 
from, by, and according to which, other laws, methods 
and rules of government, which any ways concern 
the people's lives and their liberties, freeholds, goods, 
or chattels of the inhabitants of this province, ought or 
legally can be taken, derived, or enacted. That the 
said charter particularly and expressly provided for our 
civil liberties ; and freedom in matters of religion and 
conscience is thereby given us h?/ and nmler the 
lords proprietors consent. That the constitutions of 
which we are to consider, make and set up an estate 
different and distinguished from the lords proprietors 
and the commons house, without whose consent no 
law shall or may be enacted, which is called in said 
constitutions the upper house, consisting of the land- 
graves and caciques, who being created by their lord- 
ships' letters patent are also a middle state between 
the lords and commons ; which constitution we can- 
not find that it any ways contradicts the said charter. 
17 N 



194 EARLY HISTORY OF SOUTH CAROLINA. 

We find that the 22d article in the constitutions 
nianifestl}^ interferes with our jury act now in force. 
That all other articles in the constitutions are as near 
and agreeable to the said charter as may be, or at 
least no ways repugnant to it."* The charter and 
constitutions were read, the latter voted valid notwith- 
standing the death of several who had signed it, made 
the special order for the next day, and then its second 
reading deliberately carried in the negative. And 
yet a great deal was accomplished by the report. It 
announced, with peculiar significance, the fact that 
the extent of religious toleration in the colony de- 
pended solely on the will of the jDroprietors. But the 
times were now troubled, and the minds of the people 
were filled Avith the contemplation of other events. 

The tranquil administration of Blake had been 
succeeded by a period of disturbance and by the domi- 
nation of a faction, the first that rose to power in the 
province and truly deserved the name. According 
to the regulations originally made and always acted 
upon, the deputies of the grand council, by a majority 
of those then present, elected Joseph Morton, the 
eldest landgrave, governor till the pleasure of the 
lords proprietors could be known. But James Moore, 
a member of the same body, ambitious, enterprising, 
and overburdened with debts, rallied a party to his 
support and left no means untried to secure the 
office for himself He objected to Morton's election 
because he held a commission from King William. 
It availed nothing that Morton's friends replied that 
his commission as judge of the admiralty must ne- 

* MSS. Journals, August 31,1<02. 



EARLY HISTORY OF SOUTH CAROLINA. 195 

cessarily come from the king for the trial of facts 
committed out of Carolina and beyond the limits 
granted to the proprietors by the charter. Had they 
known of Moore's negotiations, not many months 
before, for obtaining advantages for himself by double 
dealing in relation to certain silver mines he professed 
to have discovered while trading among the Indians, 
they might easily have presented a countervail for 
Morton's apparent defection from the interests of the 
proprietors.''' On 22d March of the preceding ^ear, 
Randolph, the agent for the Board of Trade, had 
communicated the secret to the Earl of Bridgev/ater, 
adding, " My lord, as this is a matter of great import 
to the crown if it succeed, so if it be [do] not, it will 
prove an utter ruin to Mr. Moore; if the lords pro- 
prietors know that he hath neglected their lordships 
and made his proposals in the first place to your 
lordships, he will certainly be a double loser, for 
besides his great charge and travel to discover the 
mines, the lords proprietors will upon the first notice 
turn him out of the council and take from him his 
office of secretary," &c. But Moore's double dealing 
was unknown, and the plans of his party could not 
be annulled or retarded by arguments. The election 
of Morton was set aside, and his rival substituted as 
governor of the province. 

It now became important to secure both the council 
and Assembly to his interest ; for he might hope for 
such results with the clever assistance of Daniel, 
Trott, Rhett, Howes, Dearsby, and other adherents. 

* See Letters of Moore, Cutler, and Eandolph — Appendix. 



196 EARLY HISTORY OF SOUTH CAROLINA. 

The vacancies in the council he filled by those of 
whose good-will he was assured. To gain the next 
Assembly was a work of greater difficulty. But for 
this end he and his party shrunk not the next year 
from the most indirect means and the basest prosti- 
tution of the elective franchise. In that election 
[Nov. 1701] unqualified aliens, strangers, paupers, 
servants, and even free negroes were allowed to vote. 

As soon as the Assembly met, petitions were pre- 
sented by the defeated candidates praying to be heard 
against the correctness and validity of the sheriff's 
return.-j- The Assembly, most of whom were incor- 
ruptible, and, it appears, unconnected with Moore's 
party, promptly resolved to enter into an immediate 
investigation, to prevent which they were prorogued 
from time to time. Few laws were passed, while de- 
bates and reports continued day after day on fortifica- 
tions, Indian trade and traders, elections and the 
privileges of the house. Being summoned in April 
[1702], the busiest time with the planters, they met 
and adjourned till 5th May. Gov. Moore angrily 
imputed their conduct to a greater regard to private 
than the public welfare, and prorogued them till 
August. 

In the interval, reports were circulated that Col. 
Daniel had instigated Moore to govern by martial 
law, if the Assembly should continue to exhibit a 
refractory spirit.f When they met they began with 
recriminations ; for if the public welfare had required 
their counsels, why had the governor through pique 

* See Repr. of Coll. Co.— Appendix, 
t MSS. Journals of the House. 



EARLY HISTORY OF SOUTH CAROLINA. 197 

prorogued them until August ? And was it true that 
he designed to menace them with coercion ? " Oh ! 
how is that sacred word Law proftmed," they said, 
" when joined with martial ! Have you forgotten 
your honor's own noble endeavor to vindicate our 
liberties when Colleton set up this arbitrary rule ?" 

But the gathering storm is averted. The doors 
are closed. Speeches are pronounced in subdued 
tones. A secret aiid sudden expedition against St. 
Augustine is the subject of debate. Men and even 
women who had been there, are sent for and interro- 
gated with regard to its fortifications and general con- 
dition for defense.* 

The expedition was agreed upon ; but when j|ol. 
Daniel was nominated as chief commander, it was 
carried in the negative. The Assembly requested 
the governor himself to take the command. £2000 
were voted, and it was thought that ten vessels and 
three hundred and fifty men with Indian allies would 
be a sufficient force ; ''' the encouragement to be free 
plunder and a share of all slaves." 

By this time the secret had escaped, and the mer- 
chant vessels in the harbor anticij^ating impressment 
were busy in putting to sea. An embargo was im- 
mediately proclaimed, and all suspicious persons se- 
cured from giving notice of the expedition. Gov. 
Moore accepted the command on condition that the 
Assembly would concur with him in a plan for the 
government during his absence, namely, by a ma- 
jority of the council. f On assuming co'mmand, he 
appointed Col. Daniel to head the attack by land, 

•>^ MSS. Journals. f See 2 Statutes, 195. 

17* 



198 EARLY HISTORY OF SOUTH CAROLINA. 

with one hundred Carohnians and about live hundred 
Yemassee Indians, while he with about four hundred 
men sailed from Port Royal, their rendezvous, to St. 
Augustine. In September, when they had left, the 
Assembly set apart a day of humiliation and prayer 
for their success. 

WiUiam of Orange had died this year, on 8th 
March, and Anne, daughter of James II., imme- 
diately became Queen of England, by virtue of the 
act of settlement in favor of the Protestant heirs to 
the throne. Pier Catholic relatives had found refuge 
and protection in France ; and on the death of James 
the claim of the Pretender to the English sovereignty 
•\vag declared and supported by Louis XIY. This 
able monarch, with the aid of distinguished ministers 
and generals, had rendered the power of France for- 
midable to England. But in the war now proclaimed 
against him and his grandson, Philip V. of Spain, the 
military genius of Marlborough and Prince Eugene 
won many brilliant victories for England and her 
allies, and a peace humiliating to France was con- 
cluded at Utrecht, in 1713. 

During this war, the American colonies of the bel- 
ligerents could not remain neutral. The disputes 
and hostilities of Europe necessarily affected them; 
and in the vast extent of territory intervening be- 
tween the rival settlements, the different hordes of 
savages were courted to alliance by the respective 
parties. The wars beyond the Atlantic were felt, 
not as a tempest at sea that moves the distant waters 
by a swell or subsiding billow, but as a virulent con- 



EARLY HISTORY OF SOUTH CAROLINA. 199 

tagion that rages with as deadly a power afar as in 
the spot of its birth: 

When Gov. Moon, planned his secret attac': on St. 
Augustine, it w^as not known in Carolina that war 
had been declared; yet his opponents, who refused 
to sanction his movement, were called traitors and 
enemies to their country. They believed the design 
of the expedition to be the enriching of himself by 
plunder and captives, as they particularly accused 
him afterward of granting commissions to Dodsworth, 
Makoone, and others, to destroy or " take as many 
Indians as they possibly could ; the profit and pro- 
duce of which Indian slaves were turned to his pri- 
vate use.'''^" But the Spaniards also, before the dec- 
laration of war [1702], had put themselves at the head 
of 900 Apalatchee Indians, and set out to surprise the 
Carolinians. The English traders among the Creeks 
roused them to battle, and with 500 men met the 
invading force on the banks of Flint River. It was 
evening. The bloody war-god calmly awaited the 
beams of day. But at dawn, the Creeks stirred their 
fires, arranged their blankets where each man had 
slept, and, creeping away, hid in the adjacent forest. 
The Apalatcheans soon stole noiselessly to the de- 
serted camp, and rushed in with a yell upon what 
they took to be their sleeping foes. But instantly 
the war-whoop of the Creeks rose around them on 
•every side. Many of the invaders were slain, and 
the plans of the Spaniards were entirely disconcerted. 
It is reasonable to suppose some connection between 
this affair and the charge against the governor of 

* Coll. Co. Repr. Appendix. 



200 f .1. •.•:tory of south Carolina. 

granting to • ' i^ersons the power " to set 

upon, assault, iv * " • '^l take" Indians who 

were not in open ho- Kr ^ , '-'lie colonists/'' 

The precautions to keep' secr6ti>\ : -extraordinary 
incursion of the Caroliniano under (iiJit, JSToore were 
unavailing. The inhabitants ■ ' ■'•f, Augastnie had 
heard of it, and had already sent ,■ TTavn\' vfor re- 
inforcements. Retreating to their cajtle Wifh. their' 
most valuable effects, and provisions for loir monthcS, 
they abandoned the town to the approaching enemy. 
Col. Daniel, landing from small boats at the St. John's 
River, took the villages St. John's and St. Mary's, 
and arrived first at the point of attack. He had pil- 
laged the town before the fleet arrived. The gover- 
nor now entered the harbor, landed his forces, made 
the church his quarters, and laid siege to the castle, 
which was surrounded by a deep and broad moat. 
He suddenly discovered that he was unprovided with 
the necessary artillery for the reduction of the castle, 
and that the Spaniards and Carolinians must gaze at 
each other until a sloop could go and fetch mortars 
and bombs from Jamaica. He was, moreover, un- 
fortunate in selecting an agent for this purpose ; who, 
through cowardice, folly, or treachery, put back to 
Charles Town, and only proceeded on his voyage 
when others came forward and volunteered to take 
his place in command.f 

In the mean time, Col. Daniel himself set sail for * 
Jamaica and procured what was requisite. During 
his absence, two Spanish ships appeared off St. Augus- 

* Report on Exp. to St. Aug., 1741 ; Carr. Coll., vol. 2. 
t Oldmix. ; 2 Carr. Coll., 423. 



EARLY niSTORY OF SOUTH CAROLINA. 201 

tine ; and Moore, after three months of inglorious de- 
lay, instantly burned the town and all his vessels, 
abandoned the sieg^ and hastened back by land with 
his forces. Col. Daniel narrowly escaped the Span- 
ish ships on his return, but was convoyed in safety 
to Charles Town by Admiral Whetstone of the Eng- 
lish nav ^^'hom he met at sea. 

When the Assembly next convened [Jan. 1703], 
the courage and conduct of Col. Daniel were highly 
praised, and the governor was thanked re]uctantlyj___^ 
and not without dissent, especially from Mr. Ash. 
There was a loss of only two men in this expedition, 
but it entailed a debt of £6000 upon the colony, 
which was more than all its previous debts put to- 
gether. A violent disaffection arose wdien it became 
known that the Spanish ships (one of 16 guns^ the 
other of 22,) were too small, and their force too fee- 
ble to have caused much alarm.* 

In Moore's precipitate retreat, his ally the Yamas- 
see chieftain, being roused from his quiet slumbers 
and bid to hurry on, replied, " No, though your gover- 
nor leaves you, I will not stir till I have seen all my 
men before me."f 

But the peo]3le were excited, and the majority of 
the Assembly began to enter upon a more extensive 
plan for the reduction of St. Augustine, Pensacola, 
and other Spanish strongholds. A brigantine was 



* Coll. Co. Repres. 

t Oldmixon, 424. Col. Daniel wrote a narrative of the events, which 
was read to the house, but it is not recorded in the Journals. The 
report of 1741, 2 Carroll's Coll., states Moore's forces to have beeu 
500 whites and 500 Indians. 



202 EARLY HISTORY OF SOUTH CAROLINA. 

offered to Col. Daniel to cruise on the coast of 
Florida.'^' He declined it, and Capt. Wni. Rhett was 
selected for its command. But before another inva- 
sion was undertaken, it was considered best to pay 
for the last, against which many citizens held just 
claims. Committees on investigation and committees 
on accounts held meeting after meeting, and con- 
tinually begged leave to sit again. At length on 
motion a bill, astonishing to the people, was read for 
raising £4,000 by taxation, in addition to the £2,000 
which it had been estimated would cover the expenses 
of the expedition. To fill up the measure of disgust 
on the part of the disaffected, a bill twice passed by 
the house for regulating elections, being sent to the 
governor and council for concurrence, was summarily 
rejected, without, as usual, inviting a conference. 
Whereupon a large number of members, acting under 
instructions of their constituents, entered their pro- 
test, and left the house. They returned, however, 
the following day, desirous of securing, if possible, a 
concurrence of the others in vindicating their liber- 
ties and the privileges of the Assembly. They met 
with unexpected and intolerable abuse from the go- 
vernor's adherents. But these not commanding a 
majority of the house, were obliged to adjourn. 
John Ash, Thomas Smith and others were soon 

* The Assemljly offered to supply with provisions a frigate, if one 
should be sent from England to cruise on their coast. In making this 
offer they informed Adm. Whetstone that Charles Town bar had 
" thirteen feet of water at high tide-water at neap tides, and fifteen 
feet at spring tides, at least ;" and Port Royal, thirty-eight leagues to 
the southward, eighteen feet at low tides and twenty-four at high water 
on ordinary tides. (MS. Journals, Jan. 7, 1703.) 



EARLY HISTORY OF SOUTH CAROLINA. 203 

afterward set upon in the streets by Dearsby, Dal- 
ton, Nicholas Nary and others of Moore's party, and 
cruelly maltreated. Ash took refuge in the bed- 
room of one of his friends. The house was sur- 
rounded by an • armed mob, who demanded that he 
should come down. On assurance that they wished 
only to speak with him he made his appearance, 
when Capt. Rhett and others seized him and dragged 
him along to Rhett's ship, threatening to hang him 
or carry him to Jamaica, or some remote island. 
Gov. Moore was busy treating the rabble to drink, 
drinking with them, thanking them for their support, 
and haranguing against the refractory members of 
Assembly, declaring " they would bring the people on 
their heads for neglecting to pay the country's debts." 
After witnessing the commencement of the riot, he 
withdrew, and allowed it to take its unchecked, 
tumultuous course. The riot continued four or five 
days. A drunken crowd with weapons in their hands 
possessed the streets. Joseph Boon was fearfully 
beaten, a private house was broken open and a poor 
woman so abused that she gave birth to a dead child. 
Landgrave Edmund Bellinger was the only justice of 
the peace who boldly went forth in discharge of his 
duty to stay and suppress the wild tumult, nor did 
opprobrious epithets, nor the violent blows over the 
head which Capt. Bhett showered upon him, deter 
him from his purpose. While the riot still continued, 
Ash, Smith, Byres, Boon, and others appealed to the 
governor and council to relieve them and their fami- 
lies from hazard, and put down the rioters. The 
only satisfaction they obtained was Moore's reply 



204 EARLY HISTORY OF SOUTH CAROLINA. 

that "it was a business fit for a justice of the peace ;' 
and being asked whether or not he considered him- 
self bound, as governor, to preserve the peace of the 
province, he replied, " that was a question he was not 
obliged to answer."* 

But Moore's precarious tenure of office was now 
ended. The £4,000 had not yet been voted, the 
Indian trade had been kept from his grasp, no victo- 
rious laurels for warlike deeds graced his brow, and 
the board of trade in London had declined to negotiate 
in private about silver mines. Although disap- 
pointed, he was none the less energetic, restless and 
ambitious. If he was gratified in retiring a richer 
man, with the church plate of St. Augustine, (as it 
was said,) in his house and Indian captives on his 
farm — yet he afforded a higher gratification to the 
friends of Carolina in having proved that all his 
strategy and the cunning devices of his able friends, 
all their fraud and threats and violence and cor- 
rupted elections, still found a majority of the thirty 
representatives of the people, too virtuous to bend to 
his selfish purposes, and too patriotic to brook a vio- 
lation of their rights and liberties. 

At this period in the history of South Carolina a 
change began in the course of political parties. The 
recent agitation resembled an upheaval by which old 
land-marks are obliterated and the troubled waters 
are turned from their accustomed channel. The war 
against France and Spain, the elevation of Granville 
to the palatinate of the province, the death of most 
of the first leaders of the people, the appointment of 

* Oldmixon ; CoU. Co, Ec'i)r. ; Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 205 

Sir Nathaniel Johnson as governor, James Moore, 
attorney-general, Nicholas Trott, chief-justice. Job' 
Howes, surveyor-general,* threw into the hands of the 
late faction an increase of power ; and on the future 
direction and strength of this power would depend 
the resistant force which the patent majority of the 
people should combine to erect against it. Strange 
as it may seem from such a beginning, the new party 
soon spread to the breeze the banner of religion ; and 
with their zeal for the establishment of episcopacy 
united a determination to keep the whole govern- 
ment to themselves. 

After the riot in Charles Town, the court did not 
hold its session before Moore was superceded and 
transferred to his new office. It became vain to hope 
for redress from the judicial officers who had been 
themselves the abettors of the rioters. Edmund 
Bellinger, however, laid a record of the events before 
the grand jury, but the partisans of Moore defeated 
its presentation. Neither the council nor the bench 
nor the governor took the part of justice. The in- 
fluential men who had been the guilty leaders of 
the mob, no doubt enjoyed the joke, when the attor- 
ney-general would not prosecute himself, and the 
chief-justice said it was none of his business, it was 
" a matter before the council," and the governor 
declared that "it happened before his time." Nor 
did the aggrieved party meet with support or sym- 
pathy when they sent Mr. Ash as their agent to the 
proprietors in England, and a representation of the 

* Commissions dated June 1702. 

18 



206 EARLY HISTORY OF SOUTH CAROLINA. 

circumstances, attested by the names of 150 of the 
most worthy Carolinians. 

But the dominant party were a minority, and had 
much to dread from the next Assembly, whose bien- 
nial election was at hand. They could hoi3e for little 
from Colleton county, where dwelt the families of 
Morton, Blake, Boon, and most of the members who 
had deserted the previous Assembly. But the twenty 
members for Craven and Berkley were to be chosen 
at Charles Town, and here it was determined to carry 
the election by all means. " Jews, strangers, sailors, 
servants, negroes, and almost every Frenchman in 
Craven and Berkley counties, came down to elect, 
and their votes were taken."'"' Greater violations of 
justice were committed than at the former election. 
'^ Force was made the arbiter of all differences." 
The " conspirators," as they were called by their 
opponents, triumphed in their plan, and the legisla- 
tive, executive, and judicial branches of government 
were new under control of the new party. 

When Granville had desired the queen's approba- 
tion of Sir Nathaniel Johnson, it was known that 
while governor in the West Indies, he had refused to 
take the new oaths after the revolution in England ; 
and his experience and courage were particularly 
urged in recommendation of him in the critical posi- 
tion of governor of a frontier during the war against 
France and Spain ; and the condition of his appoint- 
ment beino; the takino; of the oaths, it was shown 
from the records of the province that he had already 
taken them: and his commission was accordingly 

* Coll. Co. Repr. ; Boon's Petition : Appendix. 



EARLY, HISTORY OF SOUTH CAROLINA. 207 

sanctioned. The new Assembl}^, in April, 1703, 
thanked their lordships for this appointment, and 
requested, as their own resources were exhausted by 
the late expedition, that the qTieen would send them 
warlike stores and forces and a frigate ; " though we 
are immediately under your lordships' government, 
yet we are her subjects, and we hope not only to 
defend ourselves, but even to take St. Augustine."* 

The report to the Assembly on tjfc public stores of 
ammqnition and arms, in August, W02, showed 2306 
lbs. of gunpowder, 496 shot of an kinds, 28 great 
guns ready for service, 47 "Granada," 360 cartridges, 
and 500 lbs. of pewter bullets. The powder and car- 
tridges were voted.sufficient; and 4000 wt. of shot, 25 
cannon ^2 of 24, 6 of 18, and 7 of 12), and40 dozen 
Granada shells, were ordered. 

When Johnson assumed liis office, there were guns, 
large and small, as follows: At the great battery 36, 
half-moon 28, small battery 28, platform 10. In 
1708 the grand council wrote to the Queen's offi- 
cers in England : " Charleston the chief port in Caro- 
lina, by the direction and diligence of our present 
governor. Sir N. Johnson, is surrounded with a re- 
gular fortification, consisting of bastions, flankers, 
and half-moons, ditched and palisaded, and mounted 
with 83 guns. Also, at the entrance of the harbor, 
on a place called Windmill Point, (within a carbine 
shot of which all vessels must pass by,) is now build- 
ing and almost finished, a triangular fort and plat- 
form of capacity to mount 30 guns,f which, when 
finished, will be the key and bulwark of this province ; 

* MS. Journals. f Fort Johnson ; 2 Stat., 333. 



208 EARLY HISTORY OF SOUTH CAROLINA. 

but wanting some large heavy guns, both for the for- 
tification and about Charles Town, and the said fort 
and platform, together with a suitable store of shot," 
. . "we pray your lordships to become intercessors 
to her sacred majesty, that she would please to give 
-US 50 guns, viz: 30 demy cannon and 20 culverin of 
the largest size, with a suitable store of shot and 
powder, which is all we want to make Carolina im- 
pregnable."* 

Gov. Johnson, with limited resources, wisely, staid 
at home, and exerted himself to render the capital 
of his province as defensible as possible. But, per- 
haps through Moore's solicitation, he sent him forth 
in December, 1703, at the head of fifty Carolinian vo- 
lunteers and' one thousand Indians, to rafage the 
country of the Apalatchees, the allies of the Spaniards. 
They inhabited the region north and west of St. Au- 
gustine, supplied this place with provisions, and al- 
lowed many small Spanish forts and, Catholic chapels 
to be built among them. The first town which Colonel 
Moore reached was Ayaville, having a tolerably com- 
plete fortification, with its usual appendage of a cha- 
pel, (for the Spaniards always made greater exertions 
for the conversion of the natives than the English 
did.) Balls and arrows greeted Moore's approach, 
^and his men taking refuge behind a mud-walled 
house, proposed to rush forward with axes and break 
through the chapel door. This was immediately 
attempted, but the Carolinians were beaten back with 
fourteen wounded. Two hours afterward they suc- 
ceeded with aid of the Indians in setting the chapel 

* MSS. Letter to Board of Trade. 



EARLY HISTORY OF SOUTH CAROLINA. 209 

on fire, but had two men killed, Francis Plowden and 
Thomas Dale.* They captured only one white, (a 
friar,) and about fifty Indians, and over a hundred 
women and children, and killed in the two assaults 
twenty-five men. The next morning twenty-three 
Spaniards from fort St. Louis, with four hundred al- 
lies, gave battle to the Carolinians. Their leader and 
eight of his men were taken prisoners in the engage- 
ment, and five or six killed, with about two hundred 
of the Indians. On the part of the Carolinians, 
Capt. John Bellinger was killed, fighting bravely at 
the head of his men. The same day, Capt. Fox died 
of wounds received in the assault at Ayaville. Five 
towns, protected by forts, now surrendered uncondi- 
tionally. The Cassique of Ibitachka being strongly 
posted, was treated with, and compounded for safety 
with "his church's plate, and ten horses laden with pro- 
visions." "I am willing to bring away with me," 
says Col. Moore, "free, as many of the Indians as I 
can, this being the address of the commons to your 
honor to order it so. This will make my men's part 
of plunder (which otherwise might have been £100 
to a man,) but small. But I hope with your honor's 
assistance to find a way to gratify them for their loss 
of blood." He returned in March with 1300 free Apala- 
tcheans and 100 slaves. By his own devastation and 
the depredations of his numerous allies, the country 
of the enemy was completely subdued. He received 
the thanks of the proprietors, wiped off the ignominy 
of his fiiilure at St. Augustine, and increased his 
means by the sale or bondage of more captives.*)' 

* See Moore's Eeport of the Exp.; 2 Carroll's Coll., 575. 
t Ilewit, 140. o 

18* 



210 EARLY HISTORY OF SOUTH CAROLINA. 

Carolina forming on the south and west the fron- 
tier of the English settlements, was open to invasion 
from Havana as well as from St. Augustine. Having 
long expected an attack from the French and Span- 
iards,, the Carolinians had fortified Charles Town. 
The prevalence of yellow fever in the summer of 
1706, when five or six deaths a day among their 
small population was not a rare occurrence, had 
caused the town to be abandoned by almost every 
one who was able to take refuge in the countrj^ 
The governor himself was residing on his plantation 
at Silk Hope. 

A captain of a privateer sloop from New York, 
who had been cruising off St. Augustine to capture 
a vessel bound thither from Havana with money to 
pay the garrison, was suddenly chased from the coast 
by a fleet of four ships, and sailed into Charles Town 
harbor wdth the news on Saturday, 24th August. 
He had not cast anchor more than an hour, when 
five columns of smoke were seen rising from Sulli- 
van's Island, which indicjtted that so many vessels 
were heaving in sight. It was now five o'clock in the 
afternoon. Lieut.-col. Rhett immediately sounded 
an 'lalarm,' sent for the governor, and despatched mes- 
sengers in every direction to summon the militia 
companies. At night the alarm guns shook the 
town, and roused many a weary watcher of the sick 
and dying. 

This period of devastating sickness was chosen for 
a sudden attack on the colony by Le Feboure, com- 
mander of " a private ship of war," aided by four 
other French privateer ships that happened to be at 



EARLY HISTORY OF SOUTH CAROLINA. 211 

Havana, The Spanish governor joined in the plan, 
and having furnished a portion of men, had directed 
the fleet to St. Augustine for greater reinforcements. 

Thej did not attempt to cross the Charles Town 
bar on the night of their arrival, and all Sunday and 
Monday they were busy in taking soundings. In 
the mean time, on Sunday, Maj.-gen. Broughton, with 
two companies and the gentlemen of Col. Logan's 
troop, arrived ; the next day Gov. Johnson took 
command ; and being an old soldier, encouraged all 
by his presence. Martial law was proclaimed. Early 
on Tuesday morning, Captains Johnson, Linche, and 
Hearne, and Drake, from James Island, w^ere posted 
with their companies in the immediate neighborhood 
of the town, for the fever still raged within the lines. 
The same morning, the enemy with four ships and a 
galley, and a number of boats for landing their men, 
crossed the south bar and stood for the town with 
fair wind and tide. When they obtained a view of 
its fortifications, where the governor with his forces 
stood ready to receive them, they suddenly bore up 
and came to anchor at Sullivan's Island. A sloop 
which had been sent over to Wando River to brin^r 
Capt. Fenwicke and his company succeeded in doing 
so, notwithstanding an attempt of the enemy's galley 
to intercept them. The next morning, Capt. Long- 
bois from Santee, and Seabrook from the southward, 
marched with their men into town. A council of 
war was held, and it was determined to go out to the 
enemy, as they w^ould not come to them. Three 
ships, a brigantine, two sloops, and a fireship, all the 
harbor afforded, were manned and equipped j and 



212 EARLY HISTORY OF SOUTH CAROLINA. 

Col. Rhett, with a commission as vice-admiral, hoisted 
the Union flag, and was ready for attack. 

A flag of truce now came on shore with a message 
to the governor. The messenger being conducted 
into Granville bastion, held by Capt. Evans, informed 
the governor that he was sent to demand in the name 
of the French king the surrender of the town and 
country, and the inhabitants as prisoners of war j and 
that only one hour was granted for his decision. 
Johnson replied that it needed not a minute's time 
to give a decision, and in the end politely requested 
him to " go about his business." 

Predatory parties were sent ashore on James Island 
and Haddell's Point, the latter consisting of 150 men ; 
against whom Capts. Fenwicke and Cantey marched, 
and in a brisk engagement killed and wounded above 
a dozen, and took 33 prisoners. Some perished in 
attempting to escape by swimming. On the side of 
the Carolinians, there was but one killed. The next 
day. Col. Rhett with his fleet ofiered battle to the 
French ships at the bar. In haste and confusion 
they stood for sea. The threatening weather pre- 
vented a pursuit. In looking for them afterward, 
fourteen of these brave invaders were discovered on 
a point of land by Capt. Watson, and brought as 
prisoners to town. The country companies were now 
discharged, and martial law ceased. But informa- 
tion was brought that a ship had anchored in Sewee 
Bay and landed its crew. Capt. Fenwicke was sent 
against them by land ; while Col. Rhett, with Col. 
Kisbie, Capt. Evans, and a number of gentlemen as 



EARLY HISTORY OF SOUTH CAROLINA. 213 

volunteers, went by sea in a Bermuda sloop and the 
New York privateer before mentioned. 

This ship, ^t Sewee, under Capt. Pacquereau, had 
been intended to be an important part of the French 
fleet, having on board Gen. Arbouset, of the land 
forces, with his officers and about two hundred men. 
They could not have been aware that their comrades 
were repulsed; fojL" their force was now separated, 
and Capt. Fenwick attacked one portion of it posted 
at Hobeaw, and killed fourteen and took fifty priso- 
ners ; while the same day Col. Rhett entered Sewee 
Bay, and the ship immediately surrendered with about 
ninety men on board. The wind being contrary, Mr. 
John Barnwell, a volunteer, was sent by Col. Rhett, 
with news of the capture. There were now 230 
French and Spanish prisoners in Charles Town.''' It 
is not on record how many of them died of yellow 
fever. Thus perished the first attempt to take this 
city by a naval force ; not through the strength of its 
fortifications, nor the multitude of its defenders, but 
through the courage and activity of its citizens. The 
governor thanked them publicly for their valor and 
for their unanimity, especially at a time when so 
violent estrangements existed between political par- 
ties. On the other hand, the governor himself re- 
ceived from the proprietors a substantial token of 

* This account depends chiefly on the report written in Charles Town, 
September 13th, 1706, and published in the Boston Netvs Letie}\ It is 
republished in the Carolina Gazette, June 2d, 1766. See also, " Expe- 
dition to St. Augustine," 2 Carr. Coll., p. 353. I have also a MS, 
account from the governor of Jamaica, from Chalmers' Notes from 
Papers in London. The Report of the Committee of South Carolina 
Assembly in 1741, states that the enemv had " a fleet of ten sail, with 



214 EARLY HISTORY OF SOUTH CAROLINA. 

their approbation in a large tract of land, granted 
him in terms most flattering and honorable.* 

But his administration was more particularly dis- 
tinguished by the establishment of episcopacy, which 
appears to have been effected by a scheme at first 
known only to the leaders of the party lately 
risen to power, and which they had in view in the 
last election of representatives. Their policy was 
strenuously supported by the new palatine. Indeed, 
it would be in accordance with the principles and 
whole career of this nobleman, to ascribe to him 
the origin as well as the subsequent support of the 
scheme. 

The accession of William III. had terminated, 
(except in Ireland), the public conflicts of the Catho- 
lics and Protestants. Among the latter, the Puritans 
had become merged with the Presbyterians, who pre- 
vailed in Scotland, as did the Episcopalians in 
England. Their marked religious diflferences ope- 
rated for a long time to prevent the perfect union 
of the two kingdoms. The Episcopalians now be- 
gan to be divided into high churchmen and low 
churchmen, whose diflerences about forms and cere- 
monies, a strict or liberal interpretation of doc- 
trines, were not so great as to cause a separation 
in church government. Little harmony, however, 

800 men, whites, mustees, and negroes, and 200 Indians." In this 
emergency, the funds for necessary expenses were raised by Gov. John- 
son on his individual responsibility. MS. Journals, House of Commons. 
Eamsay, 1, p. 135, adds some items of interest, perhaps from tradition. 
The prevalenceof yellow fever in 1703 and in 1700, were the first appear- 
ances of this disease. 
* Eamsay, 1, p. 135. 



EABLT HISTORY OF SOUTH CAROLINA. 215 

existed between them and dissenters from episco- 
pacy. 

Where church and state are connected, and the 
people possessing democratic powers consist of large 
classes differing in religious doctrines, the strong 
and triumphant not seeking reconciliation with the 
weaker, but demanding conformity, imposing penal- 
ties and creating civil disabilities — it inevitably re- 
sults thfft the sects become transformed into political 
parties, for or against parliamentary enactments, or in 
support of such changes in government as might pro- 
mote their own views and interests. But while the 
mother country suffered from year to year from these 
disfracting causes, the colony of South Carolina had 
been happily exempt from them ; because the settlers 
had generally left their native lands to be free from 
these identical evils of intolerance. 

The charter evidently contemplated the establish- 
ment of the Church of England in Carolina, but did 
not specifically provide for it. Had the second or 
subsequent Fundamental Constitutions been adopted 
by the people, the church, ipso facto, would have re- 
ceived its establishment. AVe have already seen why 
the party strongly in favor of such a measure, " had 
lain dormant from the beginning."* They were not 
bold enough to attemj)t it by direct legislation till 
Lord Granville was palatine of the province, who 
was well known as a zealous advocate of hio;h- 
church episcopacy, and an inflexible opponent of 

dissenters of all denominations. It became his favo- 

. . . ♦ . 

rite project to establish his church ■ in Carolina, 

* Archdale. 



216 EARLY HISTORY OF SOUTH CAROLINA. 

and to exclude dissenters from any participation in 
the government.''' 

The colonies, in America, constituted a part of the 
diocese of the Bishop of London, who recommended 
ministers to the colonial churches. In South Caro- 
lina, after a church had existed eighteen years, pro- 
vision was made for the maintenance of its minister, 
[1698] who needed assistance, appropriating to his 
use <£150 per annum, a negro man and woman, and 
four cows and calves. In the same year, Mrs. Affra 
Coming gave, as an additional support, a farm of se- 
venteen acres, which now form three valuable squares 
in the heart of the city, and afford a large income to 
the church .-j- 

Governor Blake, and a great portion of the council 
and Assembly that passed this act,! were dissenters. 
It was through the governor that the act was pro- 
posed. So peaceable were the relations of the people 
with respect to religion, that it was said "even the 
ministty of the Church of England had support from 
Protestant dissenters."§ In 1700, the white popu- 
lation in the colonies was computed to be between 
five and six thousand,|| yet there was but one episco- 

* Oldmlxon, 418. t Dalcho, 34. 

X The preamble of the act is erroneous in stating that the charter 
denied "any public maintenance," except to Episcopalians, These 
were the terms of the repudiated Fund. Consts. 

§ Oldmixon ; Carr. Coll., 2, 417. Archdale, 113. Boon's Petition. 
I find no evidence that religious diiferences had j'et entered into the 
politics of the colony. Bancroft, 3, p. IG, and others who give the same 
account, were perhaps misled by Archdale's rambling and confused his- 
tory of his times*-Sayle, Morton, Smith, Archdale, Blake, and (I think) 
West, were dissenters. 

II Hewit p. 130. In Humphrey's "Hist. Account," &c., p. 25, it is 



EARLY HISTORY OF SOUTH CAROLINA. 217 

pal clergyman beyond the limits of Charles Town, who 
had just arrived, and officiated at Goose Creek. His 
successor, two years afterward, found there only five 
communicants. At the same time there w\t,s an In- 
dependent church at Dorchester; and in Charles Town 
a church of French Protestants, another of Baptists, 
another of Congregationalists, and a Quaker meeting- 
house. The French church, with three others of the 
same denomination beyond the town, contained 438 
members. As late as 1706, it was said, "'tis noto- 
rious that above two thirds of the people of Carolina 
are dissenters;" and the minister of the Church of 
England, in Charles Town, wrote of them to Dr. Stan- 
hope, as " the soberest, most numerous, and richest 
people of the province."* 

The faction in the colony, -whose rise we have wit- 
nessed, was developed into an episcopal party before 
their opponents were aware that religion entered into 
their plans. No allusion was made to this subject by 
the large number of their opponents who sent a state- 
ment of grievances to the proprietors, in June, 1703. 
The governor, who was a zealous churchman, entering 
into the scheme of his party, called together the Assem- 
bly in May, 1704, before the time had expired for 
which it stood prorogued ; and as soon as it met, no 
doubt with all whom he could depend on designedly 
present, the well-planned measure was brought for- 
ward. 

said, " in the year 1701, above 7000 persons, besides negroes and In- 
dians," inhabited So. Ca. This is certainly incorrect. Vide Report of 
Council, in 1708. 
* Case of Dissenters : Appendix, 

19 



218 EARLY HISTORY OF SOUTH CAROLINA. 

On 4th May, Col. Risbee asked leave to introduce 
a bill/-' It was read. " For the more effectual pre- 
servation of the government of this province, by 
requiring all persons that shall hereafter be chosen 
members of the commons House of Assembly, and sit 
in the same, to take the oaths and subscribe the decla- 
ration appointed by this bill, and to conform to the 
religious worship of this province, according to the 
Church of England, and to receive the sacrament of 
the Lord's Supper according to the rites of tlie said 
church. Some members immediately called for the 
reading of the grand charter. But the opposition 
was soon overcome; the bill was passed through its 
first reading with amendments ; and Col. Risbee was 
ordered to present it to the governor and council.^ 
They passed it and returned it to the house. The 
next day it received its second and third reading^ 
and was sent as a law for ratification by the governor 
and council. It bears date the Gth May. It was 
passed by a majority of one, twelve voting for it and 
eleven against it, among whom were some Episcopa- 
lians. Seven members were absent. The day to 
which the Assembly had stood prorogued was the 
10th of May .J 

In the house, Thos. Jones, John Reamer, Laur. 
Denner, Wm. Edwards, and Jno. Stanyarne, entered, 

* Dalclio, p. 52, must be mistaken in the date assigned to the Letter 
to the Society for Propagating the Gospel. If it should be dated 1706, 
his inferences are erroneous. Yet the designs indicated in the letter 
are such as probably prevailed in the party prior to the enactment of 
1704. 

t MS. Journals. 

J See 2 Stat. 232 ; Case of Dissenters : Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 219 

under leave, their dissent in these words : " that 
King Charles II. having granted a liberty in his char- 
ter to the people for the settling of this colony, we 
think the above bill too great an infringement on the 
liege subjects of his majesty." Charles Colleton, 
*^' that the said bill is not proper for the inhabitants 
of this colony at this time." Jas. Cochran, because 
"contrary to the liberties of the inhabitants of this 
province, granted by the charter from his majesty to 
the proprietors of this province, which liberty hath 
encouraged many persons to transport themselves into 
this province."'''* There being no further use for the 
Assembly, it was prorogued till October. In the coun- 
cil. Landgrave Joseph Morton was denied leave to 
enter his protest against the act. It was signed by 
the governor, and Broughton, Moore, Gibbes, Noble, 
and Trott. The most tyrannical clause in this law 
required, that in the case of the representative 
elected refusing to qualify as directed, the next on 
the sheriff's return should be entitled to the seat, or 
the next, and so on till the list were exhausted; and 
then only should a new writ be issued. An oligarchy 
supplanted the representative assembly. Ten men 
might elect a member against the votes of a thou- 
sand. 

A motive assigned for this sudden exclusion of 
dissenters was the fear of inquiry into the illegal 
practices of the ruling partj^, since the dissenters 
happened principally to be those who urged such , a 
measure. It was certainly not for religion's sake. 
If we give credence to their own minister, Mr. Marston, 

* Journals. 



220 EARLY HISTORY OF SOUTH CAROLINA. 

rector of St. Philip's, we must believe " that many 
of the members of the commons house that passed 
this disqualifying law, are constant absentees from 
the church, and eleven of them were never known to 
receive the sacrament of the Lord's Supper," though 
for five years past he had administered it in his 
church, at least six times a year.''' The same As-' 
sembly had passed an act against blasphemy and 
profaneness, " which they always made a great noise 
about," wrote Landgrave Smith, " although they are 
some of the miost profanest in the country them- 
selves."-]* 

When the Assembly met in October, none of those 
who had protested against the disqualifying act ap- 
peared at first in their seats. Much time was con- 
sumed in settling the case of Mr. Marston, who had 
in several sermons spoken against the oppressive 
usurpations of the house, among other things com- 
paring the members to Korah and his rebellious 
brethren. They finally deprived him of his support 
from the treasury; and in their law for the estab- 
lishment of religious worship in the province, intro- 
duced by Ralph Izard, they allowed themselves to 
make an ex iwst facto enactment, directed, as Governor 
Johnson subsequently confessed, against Mr. MarstOn, 

* Case of Disseivters, Appendix ; Archdale, 110. Having referred 
so often to the " Case of the Dissenters," I must remark that the au- 
thor of it is in error in discussing the Fund. Consts., and also in repre- 
senting the dissenters as the body of the people favoring their adop- 
tion. They were no doubt preferred by some to the disqualifying law. 
The proprietors' party now in power rejected the Fund. Consts. Oct. 
18, 1704. (Journals of the Corns.) Gov. Johnson was in favor of their 
adoption. 

t See his letters, Dalcho, 56 ; from the Journals. 



EARLY HISTORY OF SOUTH CAROLINA. 221 

" the pest of the country."''' Among many extraor- 
dinary and arbitrary regulations of this law, the 
clause we are alluding to was particularly obnoxious 
to churchmen as well as dissenters. It established a 
lay commission for the trial of ecclesiastical causes. 
They "were authorized to sit in the judgment-seat 
of spiritual officers, and thus to wrest the ecclesias- 
tical authority out of the hands of the Bishop of 
London." Their purpose, however, was effected in ar- 
raigning before them the Rev. Mr. Marston, and re- 
moving him from his benefice."!- 

On the passage of this law for the establishment 
of episcopacy, motion being made by some members 
for recording their protest, the Assembly followed the 
example of the council, and resolved " that no mem- 
ber shall have leave to enter his dissent." [November, 
1704.] Liberty of speech, not only in the pulpit 
and Assemblj^, but throughout the community, was 
practically denied; for every one was liable to be 
dragged to court, or summoned before the bar of the 
house, for a curse or naughty expression derogatory to 
his honor the governor, or disrespectful to the legis- 
lative oligarchy. 

The scene is now changed to London. When Mr. 
Ash had been prevailed upon by Morton, Bellinger, 



* 2 Stat. 240, ? 25. 

t Dalcho 62. The commissioners under this act were Sir Nathaniel 
Johnson, Thomas Broughton, Jas. Moore, Nich. Trott, Eobt. Gibbes, 
Job Howes, Ralph Izard, Jas. Eisbee, Geo. Logan, Wra. Ehett, Wm. 
Smith, John Stroud, Thos. Hubbard, Eichard Beresford, Eobert Sea- 
brook, Hugh Hicks, John Ashly, John Godfrej-, James Serurier, alias 
Smith, and Thos. Barton — a majority of whom, or eleven, were a quo- 
rum, and had power to fill vacancies occasioned by death or absence. 

19^' 



222 EARLY HISTORY OF SOUTH CAROLINA. 

all the Colleton members, and several of the highest 
standing in Berkley county, to proceed to England 
and present an account of their miserable condition 
to the proprietors, the opposite party were so appre- 
hensive of danger from the measure, that their efforts 
to defeat it obliged Mr. Ash to hasten to Virginia, 
and there await his necessary instructions. In Eng- 
land he found Lord Granville so entirely in the inte- 
rests of the dominant party in Carolina, that he 
determined to prepare a statement for publication, 
but died when but a few sheets were printed. His 
papers and correspondence came by improper means 
into the hands of the governor and council, who did 
not hesitate to ill-use those who appeared from these 
papers to be exerting themselves against them."'' 

Mr. Boon was now sent, and many London mer- 
chants trading to Carolina, united with him in peti- 
tioning the proprietors to repeal the recent acts of 
Assembly. Granville being vainly solicited for seven 
weeks at length called together the proprietors. At 
their meeting, Mr. Archdale's opposition to the rati- 
fication of the objectionable acts, met with the 
haughty response from Granville : '' Sir, you are of 
one opinion and I am of another, and our lives may 
not be long enough to end the controversy. I am for 
this bill, and this is the party that I will head and 
countenance." And when Boon requested that he 
might be heard by counsel, he met with the reply, 
" What business have counsel here ? It is a prudential 
act in me, and I will do as I see fit. I see no harm 
at all in this bill, and I am resolved to pass it." 

* Oldraixon, 431. 



EARLY HISTORY OF SOUTH CAROLINA. 223 

But others saw much harm in it. The Society for 
the Propagation of the Gospel, by whose christian 
liberality the colony had been greatly benefited, met 
in St. Paul's church, and taking into consideration 
the act for establishing religious worship, resolved 
not to send or support any missionaries in Carolina, 
until the act, or at least the clause relating to lay 
commissioners, should be repealed.'^' And Boon, turn- 
ing from the proprietors, looked for justice and re- 
dress to the House of Lords. After briefly and lu- 
cidly reciting the history of events, he besought them 
to consider the deplorable state of the colony and 
provide for its relieff Granville and Craven ex- 
erted themselves to justify their ratification of the • 
laws, and to avoid impending danger from such a 
tribunal,! but to no purpose; for the lords, in their 
address to the queen [March 12, 1706], characterized 
the creation of lay commissioners as "not warranted 
by the charter granted to the proprietors of that col- 
ony ; as being not consonant to reason, repugnant to 
the laws of this realm, and destructive to the consti- 
tution of the Church of England ;" and the disqualify- 
ing act as " founded upon falsity in matter of fact," 
(inasmuch as its preamble Stated, that receiving th'e 
sacrament according to the rites of the Church of 
England was required of every member of the Brit- 
ish parliament,) and "repugnant to the laws of Eng- 
land, contrary to the charter," " an encouragement 
to atheism and irreligion, destructive to trade, and 
tends to the depopulating and ruining of the pro- 

* Archd. and Oldmix. f See this Petition, Appendix. 

X MS. Notes. 



224 EARLY HISTORY OF SOUTH CAROLINA. 

vince." And they proceed: — "We, your majesty's 
dutiful subjects, having thus humbly presented our 
opinion of these acts, we beseech your majesty to use 
the most effectual methods to deliver the said pro- 
vince from the arbitrary oppressions under which it 
now lies, and to order the authors thereof to be prose- 
cuted according to hiw; at the same time we repre- 
sent to your majesty how much the powers given by 
the crown have been abused by some of your subjects, 
justice requires us to acquaint your majesty that 
some of the proprietors absolutely refused to join in 
the ratification of these acts. We humbly beg per- 
mission to inform your majesty that other great in- 
, justices and oppressions are complained of in the 
petition ; but the nature of the ftict requiring a long 
examination, it was not possible for the house to find 
time for, so near the conclusion of the session ; and 
therefore we presume, with all duty, to lay the peti- 
tion itself before your majesty at the same time we 
present our address. We cannot doubt but your 
majesty, who, from the beginning of your reign, has 
shown so great a concern and tenderness for all 3-our 
subjects, will extend your compassion for those dis- 
tressed people, who have the misfortune to be at so 
great a distance from your royal person, and not so 
immediately under your gentle administration. Your 
majesty is fully sensible of what great consequence 
the plantations are to the crown of England, and to 
the trade of your subjects ; and therefore we rest as- 
sured that, as your majesty will have them all under 
your royal care, so, in particular, you will be gra- 
ciously pleased to find out and prosecute the most ef- 



EARLY HISTORY OF SOUTH CAROLINA. 225 

fectual means for the relief of the province of Caro- 
lina." 

The queen answered this able address: "I thank 
the house for laying these matters so plainly before 
me. I am very sensible of what great consequence 
the plantations are to England, and will do all in my 
power to relieve my subjects in Carolina, and protect 
them in their just rights."* 

The subject being referred to the Board of Trade 
[April, 1706], they consulted the crown lawyers, 
whose opinions were carefully prepared, pronouncing 
that the laws ought to be made void ; and on this 
authentic basis the lords commissioners reported an 
abuse of power on the part of the proprietors, and 
consequently a forfeiture of their charter, and recom- 
mended its annulment by legal process."}- This opin- 
ion was signed by Lord Dartmouth, Hon. Robert 
Cecil, Sir Philip Meadows, Wm. Blathwayte, Mat- 
thew Prior, and John Pollexfen. There was also an 
order of council for the queen's attorney and solicitor 
to report what measures were requisite for recalling 
the charter. The proper method was indicated, but 
doubts expressed whether it might not involve an 
infringement on the privileges of the proprietors, who 
were peers of the realm ; and consequently ultimate 
action against the charter was withheld. But these 
decisions were cherished in the memory of the Caro- 
linians. The queen, on 10th June, according to the 
advice of her officers, declared the two enactments 
of the colonial Assembly to be null and void. 

* Dalcho, 68. t MS. Notes. 



226 EARLY HISTORY OP SOUTH CAROLINA. 

Eeturning to the House, in Charles Town, that so 
hurriedly passed, by a majority of one, the act ex- 
cluding dissenters, we are told that quickly after- 
ward a majority, no doubt much larger, voted its 
repeal, which "svas rejected by the governor and coun- 
cil.^^' The fact that it could not have been adopted, 
if all the members had been present, renders more 
striking the iniquitous trickery of its enactment. It 
remained as the law under which the next Assembly 
were elected, the former having been dissolved by 
the governor. In Colleton, out of 200 electors, ten 
went to the polls, by whose votes the ten members of 
the county were chosen. In the election at Charles 
Town for Berkley and Craven, it is said, a complement 
of" high church" episcopal candidates could not readily 
be found.f The politic management of those opposed 
to the ''occasional bill," as it was called, secured the 
votes of the French by including one of their country- 
men among their candidates. The governor's party, 
alarmed for their laws, " gave out, an Assembly was 
chosen who would repeal the church act and not pay 
the x'^.ugustine debt ; threatening if they did, the 
house and town should quickly be too hot to hold 
them." When the Assembly met [January 2, 1705], 
the governor took occasion of some irregularities com- 
mitted in its organization to dissolve them, and order 
the issuing of new writs of election. 

The dominant party by exertion and violence were 
more successful. A majority of the new Assembly 
qualified as prescribed by law ; others refused to do 
so, and the next on the sheriff's list were summoned 

* Boon's Petit. ; Case, <fec. ad finem. f 01dm. 441. 



EARLY HISTORY OF SOUTH CAROLIXA. 227 

to their seats. Of the commons,* convened in March, 
1706, nearly all favored the church establishment; 
and James Risbee, who had had the honor of intro- 
ducing the bill against dissenters, now proposed to 
trample upon the liberties of the people in a way 
equally illegal and tyrannical, and 3-et met with sup- 
port from the house and the sanction of Sir Nathaniel 
Johnson. They knew that should the dissenters and 
moderate churchmen combine, or should the former 
alone unite to overthrow^ their power, they could not 
for a moment withstand the onset. They determined, 
therefore, while they had the opportunity, to pass a 
haw for continuing themselves in authority, for "two 
years, and for the term and time of eighteen months 
after the change of government by the death of the 
present governor, or the successor of another in his life- 
time."f Because, " next to the general security of the 
country, the interest and preservation of the Church of 
England, so happily begun to be established in this pro- 
vince by the zealous endeavors of the right honorable 
the present governor, ought to be principally regarded, 

* The members of this Assembly were Wm. Ehett,. speaker [in place 
Job Howes, deceased], Robert Daniel, Robert Seabrook, Arthur Mid- 
dleton. Dove AVilliamson, David Davis, Thomas Barton, Jonathan Fitch, 
John Ash, John Whitemarsh, John Woodward, William Peters, John 
Fenwick, James Risbee, Henry Wiggington, John Abraham Motte, 
Louis Pasquereau, James Moore, Jr., Edward Loughton, William Bull, 
John Cantey, Thomas Farr, Xph. Wilkinson, Ralph Izard, James 
Williams, Charles Burnham, and Abraham Eve. Hugh Grange, Thomas 
Rose, and Hugh Hext refused to qualify. The oaths of allegiance, 
supremacy, abjuration, and the declaration required of members, will be 
found in Appendix, copied from MS. Journals. The Fundamental Con- 
stitutions were also urged upon this house, who resolved to consider 
them " when the house was full." 

t 2 Statutes, 2GG. 



228 EARLY HISTORY OF SOUTH CAROLINA. 

which notwithstanding, by a change and alteration of 
government by the succession of a new governor, may 
be endangered of being undermined, if not wholly 
subverted and overthrown by the enemies thereof." 

In Johnson's address to this Assembly, he inveighed 
against the opposers of his church policy as " unsteady 
and censorious," as " unfit to make laws," being at 
their years hesitating in the great law to themselves, 
viz., " in what manner to serve their great Creator." 
The church should have a " sure and lasting estab- 
lishment" in Carolina. Dissenters are " restless spirits" 
with " plausible pretenses of conscience and liberty." 
But do you act as what you are, "true sons of your 
mother, the Church of England." Some men wished 
the government in their hands only to cast it " into 
their anti-monarchical models and principles."''' 

The house responded heartily, and went in a body 
to present their answer. It was not surmised what 
course would be adopted against their laws and con- 
duct by the head of their mother church ; and elated 
with success they separated, on prorogation, till 
September. 

* MS. Journals. 



EARLY HISTORY OF SOUTH CAROLINA. 229 



CHAPTER IX. 

The Disqualifying and Church Acts repealed in the Colony — the Church 
Act of 1706 — Benefits derived from it — Schools and Education — The 
General Condition of the Province — Population — Militia — Commerce 
— Shipping — Manufactures — Indians — Religious Sects — Prices of 
Labor — Public Expenses — Paper Currency— Agriculture — Change in 
Political Parties — Trott and Rhett — Their unpopularity — Alterca- 
tions of Governor and Assembly — Death of Granville — Col. Tynte 
appointed Governor — The Assembly vindicate Johnson against the 
charges of Boon — Instructions to Gov. Tynte — He dies — Gibbes and 
Broughton contend for the Office — Charles Craven appointed — Ex- 
ports of the Province — Popularity of Craven — TheTuscarora War — 
Policy of keeping in England a permanent Agent for the Colony — The 
People desirous of a change of Government from the Proprietors to 
the King — Debts of the Colony — Emission of more Bills of Credit — 
Merchants of London complain — The Proprietors give Trott a veto 
power in Carolina — Excitement and Complaints of the People — 
Agents sent to England — The Yamassee "War — Craven returns to 
England — Col. Robert Daniel Deputy Governor. 

To the calamities of tlie ensuing summer, including 
the pestilence and Le Feboure's invasion, the death 
of Col. Moore, and the Rev. Mr. Thomas, (who would 
have officiated in the vacant church at Charles Town), 
of Mr. Howes and many worthy persons of both par- 
ties, was added the news of the adverse decisions in 
England consequent upon the petition to the House 
of Lords. The governor Avith ill-grace abnegating the 
necessity of obedience to a higher power, and almost 
fulminating anathemas against Marston and Boon, 
condescended to tell his Assembly, " when you have 
passed an act securing the Church of England, then I 
will join you in repealing the act against dissenters 
20 



230 EARLY HISTORY OF SOUTH CAROLINA. 

sitting in Assembly."'"' But the house proceeded to 
repeal the objectionable acts, and all others relating 
to the church from 1697 ; and in a spirit of modera- 
tion prepared in lieu thereof the church act, which 
continued afterward in force as long as the colony 
was dependent on Great Britain.f Parishes were 
formed, means provided for building and repairing 
churches, and for supporting ministers and encourag- 
ing their settlement in the province. Intolerance 
and civil disabilities against other denominations for- 
ever cased, except against Catholics; for any law in 
their ftivor would have been repugnant to the laws 
of England, and beyond the power of the Colonial 
Assembly to enact. Although some dissenters aban- 
doned the colony through disaffection, and the dispute 
survived with others in their political views, yet the 
majority felt obliged to acquiesce in the establish- 
ment. Their self-dependence, however, prepared 
them for vigor and success ; and they have continued 
to this day the most numerous body of Christians in 
South Carolina. 

On the other hand, the essential benefits to the 
colony arising from the church act, cause us to regret 
the violent and illegal measures by which it origi- 
nated. Pious and learned men could now be induced 
to come to Carolina whenever their services w^ere 
needed. The number of inhabitants was increasing, 
but their resources were inadequate for the mainte- 
nance of schools and religious instructors. Education 
and Protestant Christianity are so blended, that a 
country must be destitute of both if it be long in 

* MS. Journals, Nov., 1706. f 2 Stat., 282. 



EARLY HISTORY OF SOUTH CAROLINA. 231 

want of either. By the efforts of Rev. Thomas 
Bra}-, the Bishop of London's commissary in Mary- 
land, and from the bounty of the lords proprietors 
and contributions of the Carolinians, the first public 
library was formed in Charles Town, and placed by 
act of Assembly '•■' under the care of the Episcopal 
minister. [November, 1700.] The Society for Pro- 
pagating the Gospel sent out missionaries not only to 
preach, but to "encourage the setting up of schools 
for the teaching of children."-]- Their schoolmasters 
were required to take especial care of the manners 
of their pupils in and out of school ; warning them 
against lying and falsehood, and evil speaking ; to 
love truth and honesty ; to be modest, just and affa- 
ble; to receive in their tender years " that sense of 
religion, which may render it the constant principle 
of their lives and actions." The want of schools, 
however, was not immediatelj^ remedied ; and so 
urgent appeals were made to the society, that in 1711 
they established a school in Charles Town under Rev. 
Wm. Guy. In the previous year, several persons 
having bequeathed legacies for founding a free school, 
an act was passed [1712] for this purpose, and soon 
afterward for extending similar benefits to all the 
parishes. 

The general condition of the colony about this 
period is shown in the following extracts from a let- 
ter dated 17th September, 1708, and signed by Sir ^ 
Nathaniel Johnson, Thomas Broughton, Robt. Gibbes, 
Geo. Smith, and Richard Beresford. " We, the gover- 
nor and council," said they, " in obedience to her sacred 

* Journals, 1698. t See Instructions in Dalcho, 47, 50. 

18 



232 EARLY HISTORY OF SOUTH CAROLINA. 

majesty's command and your lordships' instructions, 
liave carefully inquired into the present circum- 
stances of this province," &c. 

" The number of inhabitants in this province of 
all sorts, are computed to be 9,580 souls; of which 
there are 1,360 freemen, 900 free women, 60 white ser- 
vant men, 60 white servant women, 1,700 white free 
children, 1800 negro men slaves, 1.100 women negro 
slaves, 500 Indian men slaves, 600 Indian women 
slaves, 1,200 negro children slaves, and 300 Indian 
children slaves. 

" The freemen of this province, by reason of the 
late sickness brought hither from other parts, though 
now very healthy, and small supply from other 
parts, are within these five years last past decreased 
about 100, free women about 40 ; white servants, 
from the aforesaid reasons, and having completed 
their servitude, are decreased 50 ; white servant 
w-omen, for the same reasons, are decreased 30 ; 
white children are increased 500 ; negro men slaves 
by importation, 300 ; negro women slaves, 200. In- 
dian men slaves, by reason of our late conquest over 
the French and Spaniards, and the success of our 
forces against the Appalaskys and other Indian 
engagements, are within these five years increased to 
the number of 400, and the Indian women slaves to 
450 ; negro children to 600, and Indian children to 
200. 

"The whole number of the miHtia of this province, 
950 white men, fit to bear arms, viz : 2 regiments of foot, 
both making up 16 companies, 50 men, one with ano- 
ther, in a company; to which might be added a like num- 



EAKLY HISTORY OF SOUTH CAROLINA. 233 

ber of negro men slaves, the captain of each company 
being obliged by an act of Assembly, to enlist, train 
up, and bring into the field for each white, one able 
slave armed with a gun or lance, for each man in his 
company ; and the governor's troop of guards, con- 
sisting of about forty men ; the colonel, lieutenant- 
colonel, captain, cornet, and two exempts, together 
with nine patrols, ten men in each patrol, to take 
care of the women and children, in case of an alarm 
and invasion ; French Protestants, and an indepen- 
dent company of San tee, consisting of forty -five men, 
and a patrol of ten men. 

" The commodities exported from this province to 
England, are rice, pitch, tar, buck and doeskins in 
the hair and Indian dressed; also, some few furs, as 
beaver, otter, wildcat, raccoon, a little silk, white- 
oak pipe staves, and sometimes some other sorts. 

"We are sufficiently provided with timber fit for 
masts and yards of several sizes, both pine and cy- 
press, which may be exported very reasonable, and 
supplied at all times of the year, there being no frost 
or snow considerable enough to hinder bringing them 
down the rivers. 

"Other commodities, not the produce of tliis place, 
but brought here from the American islands and ex- 
ported to England, are logwood, braziletto, fustick, 
cortex, isleathera, tortoiseshell, ambergrese, and 
cocoa. 

" From this province are exported to several of the 

American islands, as Jamaica, Barbadoes, Antigua, 

Nevis, St. Christopher's, the Virgin's, Montserrat, and 

the Bahama Islands — staves, hoops and shiiigles, beef, 

20* 



234 EARLY HISTORY OF SOUTH CAROLINA. 

pork, rice, pitch, tar, green wax, candles made of 
myrtle berries, tallow and tallow candles, butter, 
English and Indian peas, and sometimes a small 
quantity of tanned leather. 

" Goods imported from the foregoing islands are, 
rum, sugar, molasses, cotton, fustic, braziletto, islea- 
thera, ambergrese, tortoiscshell, salt, and pimento; 
logwood is generally brought from the Bay of Cam- 
peachy. 

" We are also often furnished with negroes from the 
American islands, chiefly from Barbadoes and Ja- 
maica; from whence also comes a considerable quan- 
tity of English manufactures, and some prize goods, 
viz : claret, brandy, &c., taken from the French and 
Spaniards. 

" We have also commerce Avith Boston, Khodc 
Island, Pennsylvania, New York, and Virginia; to 
1 which place we export Indian slaves, light deerskins 

dressed, some tanned leather, pitch, tar, and a small 
quantity of rice. From thence we receive beer, cider, 
Hour, dry codfish and mackerel ; and from Virginia 
some European commodities. 

"Further, we have a trade to the Madeiras, (from 
whence we receive most of our wines) ; also to St. 
Thomas and Curaooa, to which places we send the 
same commodities as to the other islands, excepting 
pitch, tar, and rice, lately prohibited, which prohibi- 
tion is very disadvantageous to the trade in these 
parts. 

" The trade of this province is certainly increased 
of late years, there being a greater consumption 
yearly of most commodities imported. And the in- 



EARLY HISTORY OF SOUTH CAROLINA. 235 

habitants, by a yearly addition of slaves, arc made 
'the more capable of improving the produce of the 
colony. Notwithstanding its our opinion, that the 
value of our import is grctiter (if we include our ne- 
groes), than our export, by which means it comes to 
pass that wg are very near drained of all our silver 
and gold coin ; nor is there any remedy to prevent 
this, but by a number of honest laborious persons to 
come among us, that would consume but little, by 
which means the produce of the country being in- 
creased might in time make our exportation etj^ualize 
if not exceed our importation. 

" That which has been a considerable though una- 
voidable hindrance to the greater increase of our 
trade, is the great duty on goods, both imported and 
exported, occasioned by the debts the country is in- 
volved in by the late expedition, in the time of Gov- 
ernor Moore, against St. Augustine, and- the charge in 
fortifying Charles Town this time of war and danger; 
to which may very justly be added the late prohibi- 
tion of pitch, tar, and rice. 

" There are not above ten or twelve sail of ships 
belonging to this province, about half of which num- 
ber only were built here, besides a ship and a sloop 
now on the stocks; neither are there above twenty 
seafaring men who may be properly accounted set- 
tlers or livers in the province. 

" There are not as yet any manufacturers settled 
in the province, saving some particular planters who, 
for their own use only, make a few^ stuffs of silk and 
cotton, and a sort of cloth of cotton and wool of tlieir 
own growth to clothe their slaves.. 



236 EARLY HISTORY OF SOUTH CAROLINA. 

" All possible precautions are taken by this govern- 
ment to prevent illegal trade, the acts of trade and 
navigation being strictly enforced on all occasions. 

" And now having answered the several queries 
stated to us by your lordships, in the best manner 
we are at present capable of, we humbly crave leave 
to superadd an account of the Indians our allies, our 
trade and commerce with one another, and their con- 
sumption of our goods, together with the present 
circumstances of Charles Town, and our new trian- 
gular fort and platform at Windmill Point, with an 
account of what provisions we want to make them 
complete fortifications. 

" The Indians under the protection of his majesty's 
government are numerous, and may be of great use 
in time of invasion. The nations we have trade with 
are as follows. The Yamassees, situated about 80 
to 100 miles south from Charles Town ; they consist 
of about 500 men able to bear arms ; they are become 
great warriors, and are continually annoying the 
Spaniards and the Indians their allies. 

"To the southward of the Yamassees are a small 
nation called Paleachuckles, in number about 80 
men. They are settled in a town about 20 miles up 
the Savannah River, and are very serviceable in fur- 
nishing with provisions the Englishmen who go up 
that river in periangers with a supply of goods for 
the Indians and bring skins for them. 

" About 150 miles southwest from Charles Town, 
is settled, on the aforesaid river, a nation of Indians 
called the Savannahs. They are seated in three 
towns, and consist of about 150 men. A few miles 



EARLY HISTORY OF SOUTH CAROLINA. 237 

d" "^^^'t on the said river, is a considerable town of 
jvhitq;is that deserted the Spaniards, and came with 
(^.vhoJorces from them about five years past. They 
are known by the name of Apalachys, and are about 
250 men, and behave themselves very submissive to 
this government. These people are situated very 
advantageous for trade. Indians seated upward of 
700 miles off are supplied with goods by our white 
men, who transport them from this river upon In- 
dians' backs. 

"About 150 miles westward are settled on Ocha- 
see River eleven towns of Indians, consisting of GOO 
men; among whom are several families of the afore- 
said Apalachys. These people are great warriors 
and hunters, and consume great quantities of English 
goods. 

" About 150 miles west from these people, on the 
Chocta-kuchy River, there is a town of Indians settled 
for carrying on trade, who are very serviceable on 
that account. These people are seated about mid- 
way between Ochasee River and the settlements of 
the Tallabousies and the Attalbanees. They have 
numy towns, and consist of at least 1300 men, are 
great warriors, and trade with this government for 
great quantities of goods. 

"About 200 miles from the Tallabousies and the 
Attalbanees westward, lie the nations of Indians 
called the Chickysaws, who are at least in number 
GOO men. These Indians are stout and warlike. 
They are divided part in the English interest, and 
part in the French. There is a factory settled by 



238 EARLY HISTORY OF SOUTH CAROLINA. 

those French about four days' journey down-- 
river whereon the Tallabousies and Attalbanee.'an' 

" We have but few skins or furs from the Chi 
saws, they living so distant it will hardly answer the 
carriaGfe. Slaves is what we have in exchange for 
our goods, which these people take from several na- 
tions of Indians that live beyond them. 

" The Cherokee Indians live about 250 miles north- 
west from our settlements, on a ridge of mountains ; 
they are a numerous people, but very lazy; they ar< 
settled in 60 towns, and are at least 500 men. Th 
trade we have with them is inconsiderable, they beir 
but ordinary hunters and less warriors. 

" There are several other nations of Indians th 
inhabit to the northward of us ; our trade as yet w j 
them is not much, but we are in hopes to iinprov i^ 
very shortly. 

" From the aforesaid several nations of Indians 3 
brought and shipped for England, one year with^- 
other, at least 50,000 skins; to purchase which^- 
quires at least £2500 or £3000— first cost of gis 
in England. The goods proper for a trade withe 
Indians are English cottons, broadcloth of se^l 
colors, duftels blue and red, beads of several sorttid 
sizes, axes, hoes, falchions, small fusee guns, po"-!'? 
bullets, and small shot. 

" St. Augustine, a Spanish garrison, being pled 
to the southward of us about 100 leagues, ^es 
Carolina a frontier to all the English settleme on 
the Main. . . ."* 

* The remaining portion of this interesting Eeport, about tl"di- 
tion of the fortifications of Charles Town, was given in part oiO'« 



EAKLY HISTORY OF SOUTH CAROLINA. 239 

Two years subsequent to this report, [1710], the 
whites in the colony were computed to be .12 of the 
whole inhabitants, Indian subjects .66, and the negro 
slaves .22; of the whites again the planters were .70, 
merchants about .13, and artisans .17; with respect 
to religion the Episcopal party were .42, the Presby- 
terians, including the French who retained their own 
discipline, 45, the Anabaptists .10 ; and the Quakers 
about .03.-'= 

The prices of daily labor in currency of the colony, 
(at that time nearly equal to sterling,) were for a 
tailor 5s., a bricklayer 65., a cooper 45., a weaver 3s., a 
shoemaker 2s. Qd., a smith 7s. Qd., carpenters and join- 
ers from 3s. to 5s., a laborer from Is. 3^?. to 2s., 
with food and lodgings. Overseers of plantations 
got from £15 to <£40 per annum; and persons en- 
gaged to trade with the Indians, from £20 to £100 
per annum. 

The taxes w^ere raised for extraordinary purposes 
from real and personal estate, and generally from 
imports of wines, liqhors, sugar, molasses, flour, bis- 
cuit, negro slaves, &c. ; dry goods imported paid three 
per cent., and deerskins exported od per skin. 
The duties amounted to about £4,500 per annum, 
which was then £1,000 more than the annual ex- 
penses of the government. 

These expenses consisted of £1,000 for ten Epis- 
copal ministers; the same for finishing and repairing 
fortifications; £600 for officers and soldiers in gar- 
rison; £300 for military stores, £250 for the gover- 

* Sec Glenn's Description ; 2 Carr. Coll. 248, et. seq. 



240 EARLY HISTORY OF SOUTH CAROLINA. 

nor, and £400 for incidental charges. The overplus 
was intended for sinking the bills of credit. 

These bills* were first struck for six thousand 
pounds after the unsuccessful expedition against St. 
Augustine, [1703], and bore twelve per cent, interest. 
To offer them in payment was a legal tender, and if 
refused the creditor lost his claim for the debt. But 
such refusal never occurred, for the paper was 
hoarded for the sake of the interest. An addition 
of several thousand pounds were stamped, and the 
" old currency" exchanged for the new, which was 
without interest, for the purpose of throwing the bills 
more in circulation, and to save the treasury from 
accumulating demands. Noth withstanding this change 
the bills remained at par, until the subsequent issue 
of very large amounts caused their depreciation .*}- 
There was little English coin in circulation ; and va- 
rious values in colonial paper currency were attached 
to German, Peruvian, Mexican, French, and Spanish 
pieces of gold and silver. To prevent the confusion 



* 2 Stat. 210. 

t These bills were indented to prevent counterfeits, and were at first 
of denominations from 50s. to £20, paid out of the treasury to creditors 
and claimants against the government, receivable for taxes, &c. They 
were issued by the Assembly, [1703] " following the examples of many 
great and rich countries, who have helpt themselves in their exigencies 
with funds of credit, which have fully answered the ends of money." 
They were to be called in and cancelled, in a short time, by money 
raised by assessment on real and personal property. The money so ob- 
tained was absorbed in preparations to defend the province against the 
French and Spaniards, and the bills of credit continued till 1707, and 
then augmented and continue^, the Assembly still " helping themselves 
in their exigencies." How great those exigencies were will be here- 
after seen. Consult 2 Stat., Notes, pp. 708-713. 



EARLY HISTORY OF SOUTH. CAROLINA. 241 

arising from the different rates at which these pieces 
passed in the different colonies, a uniform value was 
attached to them by a proclamation from the mother 
country in the sixth year of Queen Anne's reign. 
[1707.] Hence the denomination of " proclamation 
money," the standard of which was .£133 Qs. Q(L 
paper currency for <£100 sterling. 

The commerce between South Carolina and EnGf- 

o 

land employed on an average twenty-two vessels. 
[1710]. The manufactures and slaves imported 
were only in part paid for by returns of colonial pro- 
duce. The balance was required by the merchants 
in specie, and exchange sold in Charles Town at 
fifty per cent, premium, and year after year still 
higher. But the Carolinians held a monopoly of rice, 
and it was soon raised to four times its former jirice, 
and other produce in proportion as the currency de- 
preciated. The merchants of London began now to 
become a new and important power near the throne, 
ever watchful of the embarrassments of Carolina, and 
prompt to complain of the maladministration of the 
lords proprietors. 

The planters sowed rice in furrows eighteen inches 
apart, about a peck to an acre, with a yield of thirty 
to sixty bushels. It was cleaned by mills turned by 
horses or oxen. The lands, after a few years culture, 
lay fallow, and were esteemed excellent pastures. 
The usual produce of corn to an acre was from eigh- 
teen to thirty bushels, with six bushels of Indian peas 
sown among it. Some planters had a thousand head 
of cattle. Two hundred was a common herd. Swine 
were raised in great numbers. Orchards of peaches 
21 Q 



242 EARLY HISTORY OF SOUTH CAROLINA. 

and apples and various fruits, forests of acorns, and 
mild winters, rendered Carolina more abundant in 
stock than any other English colony. 

The experience of forty years among an energetic 
people had drawn from forest, field, and stream, the 
same means of subsistence which we now enjoy. All 
the arts of peace were introduced, and education and 
religion had become matters of public concern. But 
wars and pestilence, tempests and inundations, had 
not spared them; and the noise of political strife, 
which disturbed the slumbers of their childhood, had 
now attuned itself to sounds not unpleasant to their 
ears. 

The faction that had been formed for specific pur- 
poses, after the death of Gov. Blake, and transmuted, 
says Archdale, by Johnson's " chemical wit, zeal, and 
art,"''' into a religious and high church party, (thereby 
obstructing that enlargement of liberty originally 
intended in the " scheme laid by the Earl of Shaftes- 
bury," &c.,) now fell asunder, when the period natu- 
rally arrived for reflection and reaction. They had 
accomjolished in some measure their object; their 
power had been fluctuating, and no new policy was 
held in view for a continuance of their organization 
and energy. The elements of opposition were ns 
little concentrated ; but nascent forces weie already 
operating, which finally resulted in a combination of 
both parties, and a total change in the form of gov- 
ernment. 

During the distraction at the capital of the pro- 

* Description, &:c., pp. 110-112. 



EARLY HISTORY OF SOUTH CAROLINA. 243 

viiice, and the confusion spread everywhere by the 
war against France and Spain, the traders among 
the Indians had lorded it with a high hand, and their 
abuses now occasioned fresh trouble and alarm. The 
Assembly determined to remodel the whole plan of 
conducting the trade. Commissioners were created 
with full powers, executive and judicial, to settle 
without delay all difficulties. The customary pre- 
sents from the Indians, for which they expected spe- 
cial favors, went to the public treasury, and an equi- 
valent was proposed for the governor in lieu of these 
perquisites. Johnson demurred; it was his only 
"considerable source of income;" were not his ser- 
vices in the recent invasion " sufficient to excite their 
gratitude and liberality?" The Assembly then sent 
a bill for his approval, designed in good faith and for 
the public welfare to prevent tumults at elections ; 
which he also rejected as contrary to instructions, 
and instantly proclaimed the dissolution of the As- 
sembly. 

But his influence was passing away; and notwith- 
standing a renewal of devices, and the circulation of 
letters and reports against the " Presbyterians," that 
if elected they would bring the "French" most cer- 
tainly " under Pharaoh's bondage,"''' still an inde- 
pendent house was returned, and Trott and Rhett 
failed to secure for the party clique a single member 
of their choice. These gentlemen had become ex- 
tremely unpopular. Connected by marriage, united 
in policy, talented, ambitious of leading the people, 

* MS. Journals. 



244 EARLY HISTORY OF SOUTH CAROLINA. 

correspondents with the proprietors or their secretary, 
holding under them high offices of profit and trust, 
and withal haughty and overbearing, they would per- 
sist in taking the reins like Pha3ton, even at the risk 
of setting the heavens on fire. For seven years they 
had in a great measure ruled the province ; and when 
the people deserted them the proprietors did not, and 
they retained always a degree of power despite the 
popular complaints against them. To their efficient 
aid also the church establishment was chiefly in- 
debted, and there was no hope of reversing the mea- 
sure under the charter or the crown. But the new 
Assembly, [June, 1707], was disposed to be quarrel- 
some, and began by resolving that Rhett ''should 
not be longer sole commissioner for the fortifica- 
tions;" and requesting to be informed how Trott 
obtained his position as deputy in the council, and 
that he be removed, as they were not officially noti- 
fied how Nicholas Trott, Esq., of London, had become 
proprietor. 

Gov. Johnson replied that Clarendon's share had 
been assigned to Sothell, who died, and Amy had 
been elected to fill his place j that Amy, as a mar- 
riage portion for his daughter, whom Mr. Trott, of 
London, espoused, had assigned said share to him, and 
he had appointed his cousin the cliief-justice of Caro- 
lina to be his deputy. The commons were not satis- 
fied ; and desired proof that the other proprietors had 
sanctioned the claims of Mr. Trott, of London ; and 
declared the chief-justice " an unfit man for any 
public commission or office." They sent Mr. Berris- 
ford, under their authority, to the Savannah Lidians. 



EARLY HISTORY OF SOUTH CAROLINA. 245 

At this the governor became indignant, as a slight to 
himself: he and his council alone having power to 
make war or peace. They next elected a receiver. 
If the proprietors or their deputies, said they, claim 
to appoint this officer under the charter, they can 
as well claim to appoint the speaker of the Assembly. 
Was it not strange that the greater power of dis- 
posing of the public money was in the people, and 
the lesser power, incidental to it, of choosing the re- 
ceiver of the money, should be denied them ? They 
proceeded to nominate Col. George Logan for the 
office. The governor violently objected ; in response, 
they unanimously elected him. They appointed a 
committee on grievances, and sent their report to the 
Queen of England. They prepared specific charges 
against Trott, and desired the governor and council 
to displace him from his office of judge, and that he 
be tried at court upon the charges. " The whole 
body of the people have such an aversion against 
him, upon just grounds, that they will neither bring 
their actions nor serve as jurymen, until he be either 
punished or legally cleared of what is laid against 
him."'=' Johnson refused to remove him, as unprece- 
dented and contrary to law, and wished the house to 
impeach him before the council. But they preferred 
to have him tried before some judge appointed in his 
place ; while Trott, on the other hand, declared that 
he could only be tried in England before the pro- 
prietors from whom he held his commission. Will it 
add to the picture of these angry times to bring to 
the bar of the house, if a deputy can be brought 

* MS. Journals. 

21* 



246 EARLY HISTORY OF SOUTH CAROLINA. 

there, Col. Risbee, author of the act against dis- 
senters, on a charge of villifying the Assembly while 
over his bottle of wine in a tavern ? But the si:over- 
nor saw, or was advised to see, that a compromise was 
necessary to allay the increasing excitement. Logan 
having resigned his office, that no personal objection 
to himself might embarrass the Assembly, the gover- 
nor yielded on his part, and passed a law which 
asserted the right of the house to elect the receiver. 
They allowed the governor £400 for relinquishing 
his Indian perquisites, besides .£100 per annum; and 
at length sufficient harmony was restored for proceed- 
ing with enactments which the public interests de- 
manded. 

Had not the state of parties been so unsettled, 
Johnson would long ago have dissolved this refractory 
house of representatives. When again he was obliged 
to summon them by proclamation, to consult upon 
some threatened invasion of the Savannah Indians, 
[February, 1708], he requested them in the first 
place to rescind from their Journals certain complaints 
against himself; and they answered that they did not 
consider themselves legally convened, because Trott's 
name on tlie proclamation just completed a quorum 
of the council, and they did not recognize him as a 
deputy. The governor had recourse to his favorite 
reply, " it is none of your business." Only after re- 
peated and earnest solicitation, did the Assembly 
apply themselves to the consideration of the exigen- 
cies of the province. 

The next Assembly, with Eisbee at its head, were 
more in his favor. Many changes had occurred. 



EARLY HISTORY OF SOUTH CAROLINA. 217 

Lord Granville was dead ; Lord William Craven 
chosen palatine ; and Col. Edward Tynte commis- 
sioned governor of the two Carolinas, [December 9, 
1708.] Boone before leaving England, not content 
with the success of his petition, had presented a me- 
morial to the proprietors against Sir Nathaniel John- 
son, representing him as the author of all the calamities 
of the province, and that through his evil administra- 
tion it had nearly been lost to the enemy. This un- 
worthy memorial being sent to Johnson for his vin- 
dication, he threw himself for an answer upon the 
justice and generosity of the Assembly. They knew 
all his acts — many of them had been participants of 
his secret counsels — he would not deny but that as a 
man, and a man almost worn out by age and infirmi- 
ties, he had committed errors ; but could they, from 
their knowledge, affirm the calumny of dereliction to 
his trust and treachery to those whom he had so long 
served. He begged them to call Mr. Boone before 
them, and challenge him to substantiate the charges 
he had made in England, where he knew there was 
no opportunity for immediate refutation and acquittal. 
Boone being made a deputy by Madame Blake, guar- 
dian of the young proprietor, refused to obey the 
summons of the house. They pronounced his accusa- 
tions " false and scandalous ;" and their generosity 
prompted them to the most complimentary addresses 
in behalf of the aged knight, who had defended them 
in the hour of danger, and must soon resign his power 
into other hands.'-' 

* Sir Nathaniel Johnson died and was buried, in 1773, at his planta- 
tion " Silk Hope," near Charles Town. He devoted much attention to 



248 EARLY HISTORY OF SOUTH CAROLINA. 

The attention elicited in England to the fortunes 
of the Carolinians and other colonists, was farther 
increased by the publications of Archdale and Old- 
mixon. Lord Craven, by nature more moderate than 
the late palatine, was anxious for the prosperity of 
his province. When the governor selected by him 
entered, after a long delay, upon his duties [Feb. 
1710], he was addressed as follows: ''We earnestly 
request your endeavors to reconcile the minds of the 
inhabitants to each other, that the name of parties, 
if any yet remain amongst you, may be utterly ex- 
tinguished. For we can no ways doubt but their 
unanimous concurrence with our labors for their pros- 
perity will most effectually render Carolina the most 
flourishing colony in all America."* No remarkable 
events occurred during his short term of office. An 
act was first passed for the opening of a free school ; 
the town of Beaufort was ordered to be laid out, and 
so named in compliment to the Duke of Beaufort, 
who had become a proprietor in the place of Lord 
Granville ; the immigration of German Lutherans, 
many of wdiom had taken refuge in England from 
oppression in their native country, was encouraged 
by offering 100 acres for each man, woman, and child, 
free from rent for ten years, and then for Id. an acre 
yearly ; to those who came, lands were assigned, 
chiefly in North Carolina ; the suppression of the 
illegal trade by which rice w' as carried first to Rhode 

agriculture and the manufacture of silk, specimens of which he pre- 
sented to the proprietors as early as 1G99. For all the records (copied 
from the Journals) relating to Boone's memorial, see Dalcho's Church 
History, 80-89 ; and Ramsay, 2, p. 479. 
* MS. Notes. 



EARLY HISTORY OF SOUTH CAROLINA. 249 

Island, and thence in New England vessels to Portu- 
gal, and other countries forbidden by British acts of 
trade : the designs of the French who, setthng on the 
Mississippi without hindrance, began to be more for- 
midable rivals than the Spaniards; these events, and 
regulations for the improved management of the de- 
tails of the church establishment, occuj^ied the atten- 
tion of Col. Tynte. 

When he died, in the summer after his arrival, it 
happened that only three deputies, Gibbes, Brougli- 
ton, and Turbeville, were in the province. Robert 
Gibbes was chosen and proclaimed governor. But 
Turbeville died suddenly on the day of election ; and 
it was discovered that he had voted in the mornini!; 
for Broughton, and that his vote for Gibbes, at the 
adjourned meeting held in the afternoon, had been 
obtained by bribery.''' Col. Broughton immediately * 
claimed the government ; and collecting his friends 
and partisans at his plantation, they marched with 
arms to town, with the determination to sustain his 
claim. Gibbes fired an alarm and ordered out the 
militia. At the approach of Broughton's party, the 
drawbridge was raised, and they were denied an en- 
trance unless they acknowledged Gibbes to be gover- 
nor. After attempting in vain to effect an entrance 
at other points, they returned to the drawbridge and 
found a number of sailors and citizens collected there, 
who also favored Broughton, and who succeeded, 
after a slight affray, in lowering the drawbridge and 
admitting their friends. They proceeded then to the 
guard-house, where they found two companies of 

* Ramsay, 1, 54; from MS. of Mr. Lamboll. 



250 EARLY HISTORY OF SOUTH CAROLINA. 

militia posted, before whom they halted, while one 
of them began to read a manifesto, but was balked 
by the beating of drums. After much parading, and 
occasionally a show of violence by both parties, 
Broughton was proclaimed governor by his adhe- 
rents. But mediators were not wanting, who suc- 
ceeded in bringing about a compromise, by which 
Gibbes retained the office until the lords proprietors 
should determine who should be governor.* They de- 
termined, however, that Gibbes was guilty of bribery, 
and entitled to no salary for his services ; and Charles 
Craven, secretary of the province and brother of the 
palatine, received their commission for the office, 

Gibbes was thoroughly acquainted with tiie affiiirs 
of the province, and Tynte had held in abeyance a 
commission for him as chief-justice in place of Nicho- 
las Trott. Although led into a fatal error in covet- 
ing the gubernatorial dignity, his administration is 
marked by wdse enactments and the undisturbed 
prosperity of the people. He wfis not, however, 
popular, and found the Assembly full of " unwilling 
members," who continued "very dilatory for six 
months," and a quorum for business could not finally 
be brought together. Another Assembly being 
elected, [May, 1711] (in which many still refused to 
qualify,) he expressed his gratification at meeting 
them before his retirement ; " there was one among 
them," he said, " to whom he should readily resign 
the government whenever legally demanded ;" they 
had had no complaint against him in the various 
offices in which he had served them, and he had 

* Letter of Propiietors, Dalcbo. 



EARLY HISTORY OF SOUTH CAROLINA. 251 

received from the palatine congratulations on bis 
recent election ; for 48 years he had been in the 
service of Carolina, [from 1663?] and left it in a 
flourishing condition, "abounding with great trade "^ 
with almost all parts of America, and most parts of 
Europe in amity with us, and some parts of x\frica;" 
and ho recommended particularly to their attention 
the introduction of white immigrants, on account of 
the larij-e increase of ne2:roes, who were beiiinninsi' to 
exhibit a malicious disposition ; and the necessity of 
separating those sick of small-pox, now prevalent in 
Charles Town, from contact with such, as were not 
infected. Although expectations were entertained 
of the termination of war in Europe, Governor 
Craven's first endeavors were directed to stren2rthen 

O 

the province and cultivate the good-will of the sur- 
rounding Indians. Since the days of Joseph West 

* Referring to what was said of this trade in 1708 and 1710, we add 
the following statistics from MS. notes by Chalmers, from the State 
Paper Office in London ; two large volumes of which were kindly placed 
in my hands by Hon. George Bancroft, to whom I am also indebted 
for other favors. 

The prime cost of imports into South Carolina from June, 1712, to 
December, 1713, £25,420 155. 6cZ. Exports during the same time — (the 
Tuscarora war and foreign hostilities existing) : Deerskins, 73,790 ; In- 
dians [to northern colonies], 75 ; rice, barrels, 12,677 ; rice, bags, 200; 
pitch, barrels, 4,580; tar, barrels, 2,037; tallow, quarter-barrels, 29; 
beef, barrels, 1,969 ; pork, barrels, 1,241 ; garlick, barrels, 37 ; oil, bar- 
rels, 29 ; snake root, barrels, 5 ; salt fish, barrels, 6 ; sugar, hogsheads, 
6 ; soap and candles, boxes, 76 ; sides of leather, 1,965 ; logwood, tons, 
143 ; cocoa and sweetwood bark, . Large quantities of salt [?] im- 
ported, and lumber exported. In 1714, lands, negroes, stock, merchan- 
dise, and all other taxable values in the province, were, b}' assessment, 
computed at £739,763 ; in this amount is the value of 10,000 slaves at 
£20, their average value at this time. For 1719, and four years after, 
the prime cost of imports were never less than £120,000 per annum. 



252 EARLY HISTORY OF SOUTH CAROLINA. 

no man more wise, pure, and capable, or more beloved 
by the people, had been appointed to govern Carolina. 
" However great such an honor might be," said he to 
the commons, [April, 1712] "yet I shall look on it 
as a greater glory, if with your assistance I could 
bring to pass so noble designs as the safety of this 
province, the advancement of its riches, and what is 
more desirable that unanimity and quiet that will so 
much contribute toward rendering this the most flour- 
ishing country on the Main." " To what a pro- 
digious height hath the united provinces risen in 
less than a century of 3'ears, to be able to create fear 
in some, envy in others, and admiration in the whole 
world." 

The spirit of this address aroused a congenial spirit 
in the Assembly. Fifteen hundred pounds were 
voted for erecting a suitable state-house, and a thou- 
sand pounds for a residence for the governor. Un- 
parliamentary altercations ceased. Elections were 
conducted with fiiirness and decorum. Party strife 
gave place in a remarkable degree to emulation for 
the public welfare ; the governor declaring the 
" greatest tenderness" toward all dissenters, and that 
nothing should ever be done by him to deprive them 
of their liberties. By his instructions he was en- 
joined to overlook the courts, and take especial care 
that justice should be administered and the laws 
executed without delay. Chief-Justice Trott was 
now seeking relief from political agitation in the 
quiet labors of compiling the laws of the province; 
and the Assembly reviewed and enacted the whole 
body of English statutes applicable to their rights 



EARLY HISTORY OF SOUTH CAROLINA. 253 

and liberties as subjects of Great Britain. Col. Rliett, 
as receiver-general for the proprietors, commissioner 
for the inauguration of free schools, for the state- 
<; house and a governor's house, the granting of 
licenses, and in other public employments, together 
with a quarrel with Craven which the proprietors 
had to decide, found some slight occupation for his 
restless energy. 

The canceling of the debts of the province was 
often attempted ; but from limited resources, a long- 
duration of peace was requisite for this purpose. 
While again contriving the means of payment, the. 
debts were still further increased by the sudden de- 
mand for help against the Indians who had risen upon 
the inhabitants of North Carolina. 
. In the autumn of 1711, John Lawson, surveyor- 
general for the proprietors, had marked out certain 
lands near the Neuse River, claimed by the Tusca- 
roras, who seized him and put him to death. Being 
fearful of the consequences, and suffering from such 
grievances as all Indians living near the whites en- 
dured, they were hurried into the design of a wide- 
spread massacre ; and on the night of 22d September, 
suddenly attacked the settlers in detached parties 
and massacred 130, flying like demons from house to 
house, and slaying men, women, and children. 

Assistance was asked from South Carolina in this 
emergency. The Assembly was immediately sum- 
moned, and with " unanimity in aiding their distressed 
brethren," resolved to raise £4,000 for the purpose, 
and to send a body of Indian warriors, with efficient 
22 



254 EARLY HISTORY OF SOUTH CAROLINA. 

officers in command.* Col. John Barnwell accordingly 
set out with all expedition, and the Assembly ap- 
pointed a day of humiliation and prayer in their 
behalf. [Friday, 16th November.] With a small 
number of whites, and numerous friendly Indians," 
Cherokees, Yamassees, Creeks, Catawbas, Wingaws, 
Esaws, and others, who were ever ready for con- 
tests and spoils, Col. Barnwell marched through the 
intervening wilderness, and crossed the Neuse river 
on 2Sth January. He succeeded in killing and cap- 
turing many of the enemy, and at length came upon 
•their stronghold, a town surrounded witli a wooden 
breast-work, where 600 warriors waited to receive 
him. Here being in want of provisions, he deter- 
mined to grant the enemy a treaty of peace, which 
was willingly concluded. He sent to Charles Town 
for a sloop to convey his disabled men and himself, 
who was also wounded, while his allies retraced their 
line of march homeward.-}- [Julj^, 1712.] 

Col. Barnwell had pleased neither the authorities 
nor people whom he went to assist, and he sullied 
the reputation of what he had achieved for them, by 
leaving his allies not sufficiently restrained from com- 
mitting depredations as soon as his face was turned. J 

* MS. Journals. f His Letter to Gov. Hyde. 

X See Williiinisou's N. Car. for other particulars of this war. The 
second expedition would no doubt have been entrusted to Col. Barnwell 
if he had not been sick from the injuries he received, and unable to 
mount his horse. Both Hyde and Spotwood seem too severe in lilaming 
him entirely for the massacre after the treaty ; the latter of whom wrote 
to the Board of Trrde, July, 1712 — " These massacres were owing to the 
treacherous conduct of Barnwell, who, after he had made a peace, and 
they looked on themselves as secure, he surprised some towns and carried 



EARLY HISTORY OF SOUTH CAROLINA. 255 

Consequently, while the North Carolinians trusting 
in the treaty were enjoying their first peaceful slum- 
bers, a second massjicre began with its whoops and 
yells, and bloody tomahawks, and the whole country 
was re-enkindled with the blaze of war. Again South 
Carolina was summoned to the field ; the forces were 
ordered to rendezvous at the Congaroe, and Governor 
Craven went up to encourage them and inspect their 
equipment. [December, 1712.] Col. Moore advanced 
with 40 whites and about 800 Indians, and after a 
toilsome march encountered a large force of the Tus- 
caroras, who had fortified themselves on the Taw 
River, and were well provided with arms. Col. Moore 
laid siege, and in a few hours became master of tlie 
fort, killing 200, and capturing 800 of the enemj-, 
who were claimed by his allies as a reward for their 
services, and sold into slavery on their return into 
South Carolina. Col. Moore received the thanks of 
the next Assembly, " his good conduct having re- 
paired the faults of others," and was voted .£100 in 
addition to his pay, as a reward for his success.* 

The important policy v/as at this time adopted of 
maintaining, on behalf of the legislature, a perma- 
nent agent in London to solicit the interests of the 
province before parliament, the proprietors, the Board 
of Trade, or " any other power or persons." Land- 
grave Abel Kettleby was appointed, [May, 1714], 

off a great many captives ; so entailed a new war, and sailed with bis 
prisoners for So. Ca., and the massacres immediately ensued." Yet it is 
well to hold an officer responsible for the conduct of his men, even if 
they be a heterogeneous mass of savages. 
* Journals, Nov. 1713. 



256 EARLY HISTORY OF SOUTH CAROLINA. 

with a salary of £200/^' The Assembly petitioned 
the House of Commons for permission to export rice 
directly to Spain and Portugal. Peace had been esta- 
blished in Europe. Queen Anne being succeeded 
by George I., the proclamation and oaths of alle- 
giance were not made with the indifference formerly 
so remarkable in the colony, but with the ardor of 
those almost in sight of their monarch, and from 
whom they looked for relief and happiness. Indeed, 
in their warmth of loyalty they forgot all attention 
to climax. " We a people," said they, " separated 
by the immense ocean, can't be blessed with your 
royal presence. But like the sun who sheds his glo- 
rious beams on all, we may feel the favorable in- 
fluence of your government. Like Augustus, may 
your reign be long in peace ; may you be loved at 
home and feared abroad ; and when Providence calls 
you from that earthly diadem that now environs 
your royal head — may there never be wanting, even 
to latest posterity, one of the illustrious house of 
Hanover to fill the British throne.""}* 

Chief-Justice Trott was in England by permission 
of the proprietors. His salary continued as usual, 
and his office was temporarily supplied. His power 
in Carolina was greatly augmented by the favor he 
won in his personal intercourse with the proprietors. 
Col. Rhett also was again speaker of the Assembly, 
and received an additional office from the proprietors, 
as collector of the customs. 

Hurricanes had partly demolished the fortifications 

" 2 Stat. 621. t February, 1715 : Journals. 



EARLY HISTORY OF SOUTH CAROLINA. 257 

of the harbor; the expenses of the war against 
the Tuscaroras, of which it had been hoped the pro- 
prietors would pay a portion; the supporting of look- 
outs and garrisons; all the extraordinary debts in- 
curred since 1702, and the impracticability of defray- 
ing the increased annual expenses of government, 
except by raising the amount of taxes, had induced 
the Assembly to pass an act by which £52,000, in 
new bills of credit, were issued, to which the cha- 
racter of bank bills was attached. The object was 
to sink the former bills by £4,000 per annum, and to 
encourage trade and commerce ; which it did, as was 
afterward declared, by the evident increase of ship- 
ping and of slaves, while it injured no mnn, and se- 
cured the public credit.'^'" This "bank act" excited 
the remonstrance of the London merchants, and the 
proprietors severely censured Governor Craven for its 
enactment. At the same time their confidence in 
Trott, (who was now deputy for Sir John Colleton,) 
produced an injudicious order that henceforth the 
governor and four councilors should not have power 
to pass bills into laws unless Trott was one of the 
quorum ! "A power in one man," said Craven, "not 
heard of before !" " An exorbitant power," replied the 
Assembly ,f " uuheard of in any of the British do- 
minions, or for aught we know, in the whole world !"J 
Mr. Speaker Rliett dissented (but w^as not allowed 
by the house to record his dissent,) to this address, 

■* Eeport of Committee, February, 1715. 

t They required that Mr. Trott should exhibit this strange letter of 
the proprietors, aud it was accordingly read to them. 
X Journals. 



.258 EARLY HISTORY OF SOUTH CAROLINA. 

which contahied also a hope that Craven would not 
resign, through an opinion of losing, by misrepresen- 
tation, the confidence of the lords proprietors : " We 
can't but admire that any person acquainted with 
your acceptable administration should be so far for- 
saken of all divine influences — should so abandon 
his reason — and so diametrically contradict the com- 
mon sense and the unquestionable experience of the 
much more general sentiments of the whole province, 
as to attempt so unjustly to misrepresent your honor 
to our lords proprietors," 

The Atlantic was again traversed by complainants, 
Boon and Berrisford, sent to apply for redress from 
the proprietors against the veto power of Trott, and 
his appointment at will of provost-marshals of 
courts; for settling the price of lands on a lasting 
foundation; for the bank act; for Craven's continu- 
ance in office; for printing the laws of the province; 
fer establishing county courts in every county ; for 
laying out Beaufort in lots, at the disposal of the gov- 
ernor; and with discretionary authority to confer 
about any other topic ; " and in case the proprietors 
do not redress our grievances, after all necessary mea- 
sures have been taken with them, we direct you to 
apply yourselves to a sui)erior power in order that the 
same ma}^ be redressed." 

The Yamassees had deserted the Spaniards, who 
had executed some of their chiefs ; and with appa- 
rently an implacable hatred against their former 
friends, removed to South Carolina, to the territory 
lying near Port Royal, a part of which is still called 
the Indian Land. During the whole of Queen Anne's 



EARLY HISTORY OF SOUTH CAROLINA. 259 

war they were faithful allies of the Carolinians. Con- 
tinually, marauding bands went forth to the south- 
ward, to lurk in the woods near St. Augustine, or 
make a midnight attack on some unguarded house. 
The honor of the party was at stake, if they returned 
without scalps, Indian slaves, or Spanish captives, 
whom they put to death with every revolting inhu- 
manity of savage torture. The Carolinians offered 
them a reward of five pounds for every Spanish 
prisoner brought unharmed to Charles Town, whom 
they returned in safety to their friends, charging upon 
their government the expenses of their ransom. 

The commissioners of the Indian trade,''' on the 
establishment of peace, were not remiss in endeavor- 
ing to do justice to all the Indians, and restrain the 
abuses of the traders. Besides occasional encroach- 
ments on lands in the vicinity of the English settle- 
ments, these abuses consisted of fraudulent transac- 
tions in buying skins and captives, the seizure of 
Indian property in either true or alleged cases of 
debt for various articles of traffic, contraband rum in- 
cluded — all which were sold at exorbitant prices — 
the wrongful detention in bondage of many who 
claimed to be free, or whose relatives claimed free- 
dom for them, personal ill-treatment, immoralities, 
the instigation of feuds, and the threatening of de- 
struction against towns and small tribes.f But the 
nature of many abuses, and the reluctance of seek- 
ing a formal trial before commissioners, perhaps hun- 

* Charles Hart, Izard, Eveleigh, Bcrrisford, Middleton, Wigington. 
and other able gentlemen, at various thnes. 
t MS. Book of Indian Affairs, 1710-1718. 



260 EARLY HISTORY OF SOUTH CAROLINA. 

clreds of miles aAvay, rendered impossible the com- 
plete adjustment of difficulties, however wise the 
laws might be that were made for this end ; while, 
on the other hand, anxiety on account of debt, re- 
taliation for injuries, cherished enmities, and a thirst 
for bloody revenge had not wholly ceased to exist at 
any period throughout along series of 3^ears. What- 
ever w^ere the grievances of the Yamassees, it was 
evident that they had been encouraged by the in- 
trigues of the Spaniards; for on the day they began 
their outbreak against the English, they sent all their 
women and children to St. Augustine for protection, 
and on their defeat retreated thither themselves with 
scalps and plunder, and were r.eceived as in triumph 
with the ringing of bells and salutes of artillery.''' 

For a long time before the war began, it had been 
noticed that the chief warriors of the Yamassees 
made frequent visits to St. Augustine, and returned 
with presents of hats, and jackets, and coats, all 
trimmed with silver lace, and with knives, hatchets, 
firearms, and ammunition.-]- They partook of food 
with the governor, and confirmed by ceremonies their 
friendship and allegiance. Yet so sure were the 
Carolinians of the antipathy of the whole Yamassee 
nation against the Spaniards, that they anticipated no 
danger to themselves. It was customary for the 
traders to court the favor and protection of some in- 
fluential chieftain among the Indians. With them 
no danger, difficult}^, or personal sacrifice could thwart 
the holy claims of friendship. Sanute became the 

* Report, &c., 2 Carr. Coll. 354. t Hewit, 192. 



EARLY HISTORY OF SOUTH CAROLINA. 201 

friend of John Fraser, a Scotch Iliglihinder, who lived 
and traded among the Yamassces. Sanutc had been 
to St. Augustine, and on his return he brought some 
sweet herbs to his friend's house, and bruising them in 
a basin of water, requested the privilege of wasln'ii"- 
therewith the face of Mrs. Fraser, as a testimon^ 
his sincere friendship ; and placing then his ha 
upon his breast, assured her that all in his heart s. 
should for the future know. About nine days before 
hostilities began, he appeared again in her presence, 
and told her a terrible slauditer of all the Enc^lish 
was determined upon, and would take place as soon 
as the bloody stick, the emblem of w^ar, should be re- 
turned by the Creeks, who with themselves, the 
Cherokees, and many other nations, were uniting with 
the Spaniards, who had assured them that though 
peace now existed, yet soon war would bo declared 
by Spain against the English. Sanute then urged 
her and her husljand to fly with their child in all 
haste to Charles Town, and offered them the use of 
his own canoe. Placing his hand upon his heart he 
declared he had told them all he knew; if still they 
would not go, he promised to save them from torture 
by claiming the last office of a friend, in taking their 
lives with his own hands. Fraser doubted ; but his 
wife being terrified, he hastened with her and most 
of his effects to Charles Town, unfortunately without 
communicating to others the intelligence he had re- 
ceived. 

Intimations of approaching danger were spreading 
through the province. Gov. Craven dispatched Capt. 



^ 



262 EARLY HISTORY OF SOUTH CAROLINA. 

Nairn"-' and Mr. John Cochran, gentlemen ■well-ac- 
quainted with the Indians, to know the cause of their 
discontent.-]* They visited the chief warriors at Po- 
cotaligo, and offered speedy satisfaction for any inju- 
■^ies of which they might complain. J The Indians 
ed a friendly disposition, and that night pre- 
xl a good supper for their visitors. But at break 
day, the massacre was begun. [April 15, 1716.] 
The round-house or council-room was beset. Capt. 
Nairn, John Wright, and Thomas Ruffly murdered ; 
Mr. Cochran, his wife and four children, were at first 
kept prisoners and afterward slain; Seaman Bur- 
roughs, a strong and active man, rushed through the 
midst of the assailants and escaped, wounded through 
the cheek. Swimming the river, and running several 

* Capt. Nairn, when a member of the Assembly, in 1708, was arrested 
by Gov. Johnson for treason, on a charge of plotting to put the Prince 
of Wales on the throne in place of Queen Anne. He was charged 
with preparing a map of the Indian territory, and transmitting it pri- 
vately to England, &c. I believe the action Avas dropped, explanation 
of his conouct being given. Subsequently, Landgrave Thomas Smith 
was arrested for treason by order of the house. The proceedings are on 
the Journals, but it does not appear that a trial ensued. 

t The last entry in the MS. Ind. Book, preceding the war, is dated 
12th April, 1715. Mr. Samuel Warren informed the Board, that the 
Palachocola Indians (on Savannah river.) told him the Creeks were 
dissatisfied with the traders among them, particularly John Jones. Hav- 
ing complained without redress, they were determined at the next affront 
from the traders to "down with them, and so go on with it." Mr. 
AVm. Bray having gone to St. Augustine after some of his slaves, a 
Yamassee came to his wife, saying he had a great matter to tell her ; 
that the Creeks had a design to destroy the traders, and then fall on 
the settlement ; it was very near, but his love for her and her two sisters 
induced him to warn them, and when he should next appear before them 
they must immediately escape to their town. Mr. AVarreu was dis- 
patched to invite the disaffected Indians to a conference, &c. 

X Account, &c., from letter of Craven ; 2 Carr. Coll., 570. 



EARLY HISTORY OF SOUTH CAROLINA. 263 

miles, he gave the ahirm to the phmters in the neigh- 
borhood of Port Royal. In the mean time, the houses 
of all the traders and other whites in Pocotaligo were 
assaulted, and more than ninety persons there and on 
adjacent plantations fell victims to the fury of the 
savages. 

The Indians divided themselves into two parties, 
one attacked Port Royal, the other St. Batholomew's.* 
Fortunately, a merchant ship happened to be in Port 
Royal River, on board of which Rev. Mr. Guy, with 
most of the inhabitants of St. Helens, about 300 in 
number, took refuge, by the timely warning of Mr. 
Burroughs. While only a few families were here 
massacred, in St. Bartholomew's about 100 Christians 
fell into the hands of the Indians, who came down 
as far as Stono, burning churches and houses in their 
way. The Rev. Mr. Osborn, and as many as had 
time to flee, escaped to Charles Town. Mr. Bray, 
his wife and children, and several others, finding 
friends among the Indians were spared ; but while at- 
tempting to escape, were all put to death. 

Governor Craven, in the meanwhile, had collected 
a troop of horse, and accompanied by a party of vo- 
lunteers, set out for Pocotaligo for the more satisfac- 
tory settlement of disputes and disorders, for the in- 
quiry into which he had sent forward Captain Nairn. 
Hearing on the way of the conspiracy and massacre, 
he gathered as many men as he could in Colleton, 
and at the head of 240 marched directly against the 
enemy, after dispatching a courier to Col. Mackay, 

* Humphrey's Account, &c. ; 2 Carr. Coll., 548. 



26-i EARLY HISTORY OF SOUTH CAROLINA. 

with orders to raise immediately what forces he could, 
and to proceed by water to meet him at the Yamas- 
see town. Tlie governor halted for the night near 
the Coinbahee River, within sixteen miles of tlie ene- 
my's town, and was attacked early next morning by 
about 500 of the Yamassees. Notwithstanding the 
surprise, he soon put his men in order, and after an 
engagement of three quarters of an hour routed the 
enemy, with the loss of only one sentinel killed and 
a few men woiuided ; while of the Indians, besides the 
wounded, some of their chief leaders were slain. 
Beins: without auides for crossins; the river, and ob- 
serving the great number of the enemy, he returned 
to Charles Town. 

Col. Mackay, in pursuit of his orders, on his part 
surprised the Indians, and drove them from their 
town, in which they had stored up vast quantities of 
provisions and plunder. While in possession of the 
town he learned that the enemy, 200 in number, had 
posted themselves in another fort, and he sent 140 
men to attack it. At this time " a young stripling, 
named Palmer," who had been out on a scout with 
16 men, came to Mackay's assistance, and at once 
scaled the walls and attacked the Indians within 
their trenches, but was forced to retreat ; yet a sec- 
ond time he effected an entrance with his men, and 
completely drove the enemy from the fort, who fled 
but to be shot down by Col. Mackay's forces. ■•' 

While the activity of the Carolinians checked the 
incursion on this quarter, a body of about 400 In- 

* Account from Craven's letter, &c. 



EARLY niSTOKY OF SOUTH CAROLINA. 265 

dians, from the northward, came down toward Goose 
Creek. A jinrty of them entered Mr. John Heme's 
plantation, near the Santee, and after being hospi- 
tably entertained with provisions, treacherously nmr- 
dered him, and began their depredations. Upon news 
of this Capt. Thos. Barker, collecting ninety horse- 
men, advanced to meet them. Trusting to an Indian 
guide, he was led into an ambuscade in a difficult 
thicket of trees and bushes, where the enemy lay 
concealed on the ground. The Carolinians had ad- 
vanced into the midst of them before they were 
aware of any danger. The Indians springing from 
their lair, and pouring in a volley, instantly killed 
Capt. Barker and several of his men, the rest in dis- 
order struggled into a retreat. So great was now the 
panic, that while the enemy were hastening down to 
Goose Creek, almost the whole parish were fleeing 
toward Charles Town. There was however one 
plantation, where seventy white men, with forty ne- 
groes, had thrown up a breast-work, and resolved to 
defend themselves at all hazards. The Indians, 
though assaulting them in vain, discouraged tliem by 
their numbers, and they rashly listened to proposals 
for peace, and unwarily permitted their fort to be sur- 
prised. Only a very few escaped the horrid butch- 
ery. But while the savages triumphantly marched 
onward they were met by Capt. Chicken, [June 13th] 
and the Goose Creek militia, who, after a long and 
obstinate engagement, defeated and drove back the 
Indians, and thus secured the province in this direc- 
tion. 

Plantations and settlements were deserted beyond 
23 



266 EARLY HISTORY OF SOUTH CAROLINA. 

twenty miles of Charles Town. Those who daily 
sought safety by flight brought more and more alarm- 
ing rumors to the capital. No hopes were now enter- 
tained of assistance from the Catawbas, the Cherokees 
and the Congarees— all were connected with the for- 
midable conspiracy from St. Augustine round to Cape 
Fear. Many began to anticipate the total destruc- 
tion of the colony/'' for while the enemy could number 
from 8 to 10,000 warriors, there were on the Caro- 
lina muster roll but 1200 men fit to bear arms. 
Yet Craven, relying upon the defenses of Charles 
Town, determined to send the forces into the wilder- 
ness to meet the enemy upon their own battle ground. 
He summoned the Assembly, [May 6th] : " Expedi- 
tion is the life of action," he said ; " bring the women 
and children into our town, and all provisions from all 
the exposed plantations ; try to secure some of the In- 
dians to our interests ; garrisons and military stores 
must be provided ; Virginia and New England must be 
solicited for arms and aid. "f During Craven's previous 
absence he had appointed Col. Daniel, deputy gover- 
nor, b}^ whom martial law had been proclaimed ; 
forces, arms, and the necessary stores provided by 
impressment, and an embargo laid on vessels in port ; 
all which acts were now confirmed by law, and ample 
powers were in addition granted for the strenuous pro- 
secution of hostilities by the governor and council. J In 
this time of danger the lives and fortunes of the Caroli- 
nians were unhesitatingly offered on the altar of pa- 
triotism. Francis Holmes was selected as the agent 

* A Narrative, &c. ; 2 Carr. Coll., 145. 

t MS. Journals. X 2 Stat., 623. 



EARLY HISTORY OF SOUTH CAROLINA. 267 

to New England to purchase arms, and Capt. Meade 
placed his vessel at the public service, Lt.-general 
James Moore, Cols. John Barnwell aiid Alexander 
Mackay, were chosen to head the forces. The mem- 
bers of the Assembly then adjourned till August, as 
they were required, without delay, to resume their 
military duties. 

The Yamassees, though joined by the Apalachees, 
were forced from their country and beyond the Sa- 
vannah River. They took up their residence in 
Florida, and being encouraged by the Spaniards con- 
tinued to infest Carolina in small parties, and to 
W'reak their malice on such unfortunate persons as 
they could capture. But the province was now de- 
fended by a cordon of garrisons, and rangers were 
ever on the alert for a skirmish. Through the agency 
of Arthur Middleton an agreement w^as made 
with Gov. Spotwood, of Virginia, for furnishing sol- 
diers at £4: a month, and the same pay was now 
given to Carolinians. The services of Indians (of 
whom several small tribes remained friendly,) [Aug. 
1715,] were remunerated with a match-coat and £o 
for every scalp, while the masters of faithful negroes 
engaged in the war received £2 per month for them. 
To 600 Carolinians and 100 Virginians, were joined 
400 negroes and 100 Indians.* When a new Assem- 

* As in all countries, the regular payment for services in war began 
when permanent forces became necessary. Hewit, and his follower 
Ramsey, ascribe to Governor Craven the leading of the troops, the con- 
quest and expulsion of the enemy beyond the Savannah, and a 
triumphant return to Charles Town. The materials before me (per- 
haps deficient,) do not authorize me to follow their statement, nor to 
describe any particular engagement of the new forces that were raised. 



268 EARLY HISTORY OF SOUTH CAROLINA. 

bly convened, [Feb. 1716] hostilities had ahuost en- 
•tirely ceased, and the chief object of soHcitude was 
the securing', if possible, a permanent peace with 
all the surrounding Indian nations. The Yamassees 
had acted prematurely ; and although 400 Christians 
had been destroyed, together with an immense 
amount of property, and the traders had sustained 
a loss of £10,000 in debts — yet the invincibility of 
the Carolinians against the combined power of the 
Indians had been so forcibly proved that never again 
was a united plot contrived, or an attempt made, to 
penetrate in hostile bands to the vicinity of the capital. 
In 1713, Sir Anthony Craven had died in England, 
and the proprietors had written to Governor Craven 
their permission for leaving the province, and their 
wish that Robert Johnson, son of Sir Nathaniel, 
should succeed him. Craven would not abandon the 
province as long as it was menaced with danger. 
His personal courage, upright character, and devotion 
to the best interests of the government, had won for 
him the esteem and warm attachment of the Caroli- 
nians. Their expressions to each other on parting 
are full of the evidences of their mutual friendship 
and respect. He left Col. Kobert Daniel, deputy- 
go vernor, on 25th April, 171G. 

See the former author for atrocities, by small scalping parties of the 
Yamassees, on Hooper, Quinton, Simmons, Parmeuter ; and Dr. Eose, 
■who fell into their hands. In subsequent years it was not permitted to 
any Indians to come even on friendly visits to Charles Town, unless, they 
brought assui'ances of being sent by their nation. Yet as forest'' 
abounded for their concealment, "flying parties," as they were called, 
sometimes appeared in the settlements, as in 1751, at Monk's Corner, 
and in Christ Church parish. — " Carolina Gazette." 



EARLY HISTORY OF SOUTH CAROLINA, 269 



CHAPTER X. 

Feeble and impovcrishecl Condition of the Colony — Proceedings of the 
Agents in England — The Proprietors unwilling to assist the Colo- 
nists — Memorials to the House of Commons — Proceedings between 
the King's Council, Board of Trade, and Proprietors, concerning a 
Surrender of the Chai'ter — Proprietors refuse — Assistance granted 
by the King — The Proprietors conciliatory to the People — Measures 
adopted by the Carolinians for their Defense against the Indians — 
Goden's Memorial against the Proprietors — The Colonial Assembly 
address the King to be taken under his immediate Protection — Con- 
tinued Indian Troubles, and increase of Public Debt in Carolina — 
Eobert Johnson Governor — Unwise Instructions of the Proprietors — 
Attempt to force the People to greater Submission — Complaints of 
tlie Creditors in London — Disagreement of the Governor and As- 
semblj- — Expeditions of Johnson and Ehett against the Pirates — The 
Election of Representatives by Parishes, the Acts raising Duties on 
British Manufactures, &c., repealed by the Proprietors — Eight of 
Eepeal denied by the Assembly — Dissolved — The Influence of Trott 
and Ehett with the Proprietors — Complaints against Trott by the 
People, Assembly, and Council, not heeded by the Proprietors— How 
the Affairs of the Proprietors were managed — Yonge goes as Agent 
of the Council to England — Proprietors' Answer to Johnson — Depu- 
ties who joined in Complaint against Trott removed — A Council of 
Twelve appointed — Johnson determines to be guided by Trott — Com- 
motions among the People — Elect their last Assembly under the Pro- 
prietary System — Associations formed for Ecvolution — The Province 
threatened by the Spaniards — Muster of the Militia ordered — They all 
join the Association — Alexander Skene — Johnson informed by Let- 
ter of the Intention of the People, and requested to be their Gover- 
nor under the King — Declines, but has no Power to restrain the 
People — Private Meetings in the Country — Assembly meets — Eefuse 
to acknowlc'dge the new Council — Eesolutions — Take the Title of a 
Convention — Johnson's Address — Eefuses to be their Governor — He 
dissolves them — Their Proclamation. 

An impulse was given to the efforts of the agents 
in Enghmd, by the unexpected conspiracy of the In- 
dians. Memorials were presented by the merchants 

0:1: 



270 EARLY HISTORY OF SOUTH CAROLINA. 

to the Board of Trade, pra3'iDg tliat an exportation 
to Virginia of guns for Indian traffic might be stopped. 
Private letters gave accounts of the war, and the de- 
plorable condition of the province. At Boston six 
hundred arms were purchased, " but Dudley and the 
people would not do us any service." Spotwood, 
however, was zealous, and aid was sent from Vir- 
ginia and North Carolina. Still, the expenses for 
defense were too great for the colony to bear. The 
proprietors must furnish assistance now, with gene- 
rous hands, if they hoped to retain their charter. 

The agents, after application to them for immedi- 
ate help, without a satisfiictory response, petitioned 
the House of Commons, from whom an address was 
sent to the king. The subject was referred to the 
Lords Commissioners of Trade. In the spirit of the 
times, they expressed the opinion that Carolina was 
a proprietary government ; if the crown must protect 
it, it should be surrendered to the crown. Lord Car- 
teret, who was elected palatine on the death of the 
Duke of Beaufort, (and who before had nobly oftered, 
on his part, to give up the government, rather than 
leave the Carolinians in want of adequate relief and 
protection,) wrote to the board : " We, the proprietors 
of Carolina, having met on this melancholy occasion, 
to our great grief find tliat we are utterly unable, of 
ourselves, to afford our colony suitable assistance in 
this conjuncture; and unless his majesty will graci- 
ously please to interpose, we can foresee nothing but 
the utter destruction of his majesty's faithful subjects 
in those parts." The commissioners and king's coun- 
cil proposed certain queries concerning their opera- 



EARLY HISTORY OF SOUTH CAROLINA. 271 

tions for defending the province [July 14tli, 1715], 
and ''whether such of the lords proprietors as are not 
minors are willing, for themselves, to surrender the 
government to the king?" They replied the next 
day, that they would repay to the king any expense 
he should incur for the province ; but " If the lords 
who are not minors should surrender for themselves, 
that would give the king no better title than he has 
already, — for the titles of the minors would still sub- 
sist; and that in case the monej', advanced as afore- 
said by his majesty, shall not, in a reasonable time, 
be repaid, we humbly conceive his majesty will have 
an equitable right to take the government into his 
immediate protection. That the proprietors have 
continually supported and defended the government 
when attacked by the French or any other enemy ; 
that neither his majesty nor any of his predecessors 
have ever been at any charge for the supporting or 
defending the province of Carolina, from the first 
grant thereof to the proprietors, which is above 50 
years ; and the proprietors hope, when the war is 
over, his majesty will never have any further trouble 
for any charges and expenses whatsoever." 

The report of the board to Secretary Stanhope con- 
tains the history of the relative position of the par- 
ties in this transaction :-|- " In obedience to his majesty's 
command, signified to us by your letter of the 7th 
inst., and in consequence of the discourse w^e lately 
had with the lords of the cabinet relating to the 

* Signed by Carteret, Palatine ; Mr. Ashley, J. Colleton, and J. Dan- 
son ; MS. Journals of Commons, No. 5, p. 79. 
t Dated WLiteliall July 19, 1715. 



272 EARLY HISTORY OF SOUTH CAROLINA. 

invasion and hostilities committed by the Indians on 
Sonth Carolina, wo have considered the letters from 
Mr. Craven, Col. Spotwood and others, and have 
several times conferred with the lords proprietors, as 
well as the principal planters of and merchants trad- 
ing to that province, from all which we are fully con- 
vinced the dangers of it are such as require a speedy 
and elfectual relief: the inhabitants being driven 
from their plantations, and in a manner look and 
depend on the only safe place they have, which is 
Charles Town ; those capable of bearing arms not 
being above fifteen hundred men, and as we are in- 
formed have now nothing but the sea open to them. 
Finding that the proprietors are not able, or at least 
not inclined at their own charge to send either 
necessaiy succors in this exigency, or to support that 
province under the like for the future, we proposed 
to them to surrender that government to the crown 
as the surest way to protect his majesty's subjects 
there, and to secure their own properties. To which 
as we could not engage them, we humbly submit 
how far it would be proper for his majesty to take the 
preservation of so valuable a province upon him at 
this juncture; and the rather because the Bahama 
Islands have been lost .to the public by the neglect of 
these proprietors. The situation of Carolina makes 
it a frontier, as well against the French and Spaniards 
as against numerous nations of Indians ; which last, 
at the instigation of the former, seem to have entered 
into a general confederacy against all other domin- 
ions on the continent, who have scarce strength 
enough to defend themselves in case they bo attacked. 



EARLY HISTORY OF SOUTU CAROLINA. 2/3 

The produce of this country are naviil ytores, viz. : 
pitch and tar in great al)undaiice, also masts, rice of 
the best kind, and some quantities of skins, which by 
the trade thereof, and the duties on tlie importation 
here, are very beneficial to this kingdom, and occa- 
sions an augmentation of liis majesty's revenue. If 
the government of this province, and particularly 
the Indian trade, were under a good regulation, there 
is no doubt it might be better secured and considera- 
bly improved. But the ill-usages of the Indians by 
the traders, of which we had several instances, and 
their trusting them for too great quantities of arms 
and ammunition at exorbitant prices, whereby the 
Indians are become very much indebted to them, 
despairing of being able fairly to discharge the same, 
we apprehend may have given the occasion of this 
universal revolt. 

" We now take leave to lay before you what is the 
proprietors' and i:>lanters' desire, viz. : four hundred 
barrels of powder, fifteen hundred muskets with 
bayonets, forty cohorn mortars with hand grenades, 
six smal' Hjldpieces, or harquebusses, and five hun- 
dred men Toward the transportation of which the 
proprietors say there is only one ship of one hundred 
tons ready, and toward the payment they have some 
rice lately arrived, which they hope to sell for up- 
ward of £400 sterling. This they are willing to 
engage for the payment in part of the above men- 
tioned particulars ; but do absolutely refuse either to 
mortgage their charter, or to surrender their govern- 
ment to his majesty unless his majesty be pleased to 
purchase the same. 

s 



274: EAIILY HISTORY OF SOUTH CAROLINA. 

" They say the Assembly of Carolina have sent 
Seffects to the value of £2500 (that country money) 
' to New York and New England for providhig arms 
and ammunition. And the proprietors have given 
directions to their treasurer in Carolina to disburse 
what money he may have in his hands for the same 
purposes. But by such information as we are able 
to get, there will not be sufficient quantities to be 
had in either of those provinces. In our discourse 
with the proprietors, a difficulty occurring to us in 
relation to the command, in case his majesty be 
pleased to send any soldiers thither, they declared 
they expected their governor should have the com- 
mand of them ; and as to iheir subsistence, we find 
they must be victualled at least for twelve months ; 
the country being so destroyed by the Indians that 
the inhabitants cannot under that time repair and 
cultivate their plantations, and reap the benefit of 
their crops.'"^ 

* Siguocl K. Molcswortli, Jo. Cockburn, J. Chetwyne, Char. Cooke, 
and P. Doemiuique, and addressed to the Right Honorable Mr. Secre- 
tary Stanhope. As soon as this report became known in Carolina, it 
was ordered by the Assembly (MS. Journals) " that \V"i. Rhett, Esq., 
the lords proprietors' receiver-general, be sent for by the iMessenger to 
attend this house immediately, and that upon his appearing therein, he 
be asked the following questions by Mr. Speaker : Who appearing 
accordingly, Mr. Speaker (according to order) required his answers to 
the following queries, viz. : Whether he had received any order from 
the lords proprietors for the paying in the money of theirs he has in his 
hands, unto the government for the use and defense of this province ? 
How much money he has of the lords proprietors in his hands ? 
Whether, if he has received the said order from the lords proprietors, 
he is ready to pay the said money into the hands of the government for 
the aforesaid use ? To which queries the lords proprietors' receiver 
answered, that he had received no such order from the lords proprietors' 
relating to the payment of the moiiey in his hands to the government 



EARLY HISTORY OF SOUTH CAROLINA. 275 

The arms and ammunition sent by the king and 
proprietors did not reach the province until April of 
the succeeding year, when they were stored away. 
Efficient measures had just been taken for garrisons 
on the Santee, Savannah, (Fort Moore), Edisto, Port 
Royal, and Combahee ; for the enlistment of one hun- 
dred men, armed at their own expense, to join the 
Cherokees, who had become friendly, against the 
Creeks ; for rewarding a body of Tuscaroras retained 
at Port Royal, by exchanging one of their nations 
enslaved in the war of 1712, for every straggling 
Yamassee they could capture ; and for paj-ment of 
soldiers for recent services, by raising .£35,000 on 
bills of credit. The regiments from Virginia and 
North Carolina were discontinued, to relieve the 
treasury. The ancient animosities of the Indian na- 
tions had again brought them in conflict with each 
other ; and the alliance of the Cherokees, as long as it 
could be trusted, was as a wall of protection to the 
Carolinians. Still letters were sent to the authorities 
of Great Britain, computing at large sums the loss 
by ravages, the public cost of the war, the great an- 
nual charges rendered necessary — all to be borne by 
a people exhausted and exposed to dangers. 

The proprietors had yielded to the wishes of the 
people, and revoked the veto power of Trott and his 
appointment of provost-marshals. They subscribed 
£500 of their funds toward building a church in 

for the use and service of this province ; but that John Danson, Esq., 
one of the said proprietors, had wrote to him to make punctual returns 
home ; and likewise that their secretary in a letter he received lately 
from him, had mentioned nothing therein relating to the payment of the 
said money as aforesaid." 



276 EAKLT HISTORY OF SOUTH CAROLINA. 

Charles Town for Rev. Gideon Johnson. They granted 
the Yamassee lands for emigrants who should settle 
in the province. These lands were bounded on the 
northeast by the Combahee, southeast by the Coo- 
saw and Port Royal, southwest by the Savannah, 
and northwest by a line from the head of the Com- 
bahee to Fort Moore on the Savannah. They were 
now approjDriated by the Assembly to all Protestant 
emigrants, for the purpose of strengthening the fron- 
tier in that direction. For encouraging settlers, a 
bounty was offered for the importation of white 
servants. The agent in England petitioned for some 
of the prisoners taken in the Scottish rebellion.* 
Assuredly there was at hand the display of a little 
wisdom on the part of their lordships. A great 
necessity existed for conciliation and prudent energy. 
They never had been weaker. A new king had 
arisen in England who knew them not. The ser- 
vices of Monk and Clarendon, Ashley, Berkley and 
Carteret, could no longer be brought to remembrance 
in behalf of Danson, Amy, Blake, or even the de- 
scendants of the original proprietors, against the 
manifest interests of the whole British nation. The 
memorial of Boone and Berrisford, and the address of 
the Assembly to the king, continued to present the 
grievances of the province to their view.f The com- 

* 111 June, 1716, Deputy-gov. Daniels informed the Assembly that he 
had bought thirty of the Highland Scots rebels, at thirty pounds per 
head ; and wished for power to purchase more. The Assembly sanc- 
tioned his purchase, but wished no more " till we see how these will 
behave themselves." MS. Journals. 

t On 16th June, 1716, Deputy-gov. Daniel accused the Assembly, 
who appropriated £2000 for Boon and Berrisford, of using the public 
funds to destroy the charter of the proprietors. 



EARLY HISTORY OF SOUTH CAROLINA. 277 

mittee of parliament, however, appointed to consider 
the misfeasance of all the charter governments in 
America and to prepare a bill for resuming their grants, 
found various personal claims and influences .conflict- 
ing with so abrupt a measure. At this time, Stephen 
Goden, a merchant of London, came forward in de- 
fence of the commerce and manufactories of England 
— urging the annulment of the charters, on the ground 
of unequal taxes imposed on the shipping and im- 
ports from the mother country, to encourage manu- 
factures and the building of vessels in the Colonies — 
the Assemblies thus obstructing the action of parlia- 
ment by burdening in some instances with heavy 
taxes the articles specially protected at home by a 
release from export duties.* The proprietors having 
ratified such acts, repugnant to the laws and advan- 
tages of England, had ij^so facto forfeited their char- 
ters; or else must truly be considered independent 
of the crown and the laws, which indeed had been 
sometimes asserted in the colonies. 

To this argument was added the repeated solicita- 
tions of the Carolinians directly to the king praying 
his protection in their impoverishment. "We further 
take the liberty to inform your majesty that notwith- 
standing all these our miseries, the lords proprietors of 
this province instead of using any endeavors for our re- 
lief and assistance, are pleased to term all our endeavors 
to procure your majesty's royal protection, the busi- 
ness of a faction and party. We most humbly assure 
your majesty, that it is so far from any thing of that 

* MS. Notes from Papers in England. 



278 EARLY HISTORY OF SOUTH CAROLINA. 

nature, that all the inhabitants of this province in 
general, are not only convinced that no humaii power 
but that of your majesty's can protect them, but 
earnestly and fervently desire that this once flourish- 
ing province may be added to those under your 
happy protection."* 

Yet the charter was not revoked. These argu- 
ments and appeals were thwarted by neither favorit- 
ism nor chicanery. It behooves us rather to turn 
our eyes upon the British parliament, then the most 
august legislature in the world, hesitating, even for 
. great national advantages, to subvert by its vote the 
equitable claims of so feeble a body as the proprietors 
of Carolina. 

The French, with great activity and enterprise, 
were extending their power around the English colo- 
nies. Their determination to master the Cherokees 
by aiding the Creeks, and bringing other nations into 
alliance with themselves, and the deserted condition 
of St. Helena and St. Bartholomew, and the remote 
plantations generally, compelled the Carolinians to 
continue their principal garrisons, and to occupy the 
intervening territory by troops of rangers from the 
Santee to the Savannah. The attention of the As- 
sembly was still devoted to Indian troubles and the 
public debts, the public debts and Indian troubles. 
If there was some novelty, there w\as no solace in 
turning to a new theme — the scarcity of provisions 
throughout the province. [April, 1717.] While the 
proprietors refused to advance them aid from their 

* Journals, Appendix. 



EARLY HISTORY OF SOUTH CAROLINA. 279 

private estates in England, or to mortgage their char- 
ter, they sent out a new governor with especial in- 
structions to have the bills of credit called in and 
canceled, which he told them they ought in justice 
and honor to make good. An act was accordingly 
passed, taxing their own lands and negroes, and the 
mercantile stocks in Charles Town, to pay off all the 
paper bills in three years.*''" 

To pay these bills required a tax of £95,000. Cra- 
ven had given a bond not to engage in trade, and to 
enforce the British acts of trade and navigation. 
When Robert Johnson was commissioned^ [April 30, 
1717], this policy had been improved; and he en- 
tered into obligations to observe the orders of the 
proprietors, they having learned (says an angry me- 
morial of merchants,) " by woeful experience that no 
man can withstand the temptations of those people." 
The merchants indeed had lost heavily in the pro- 
vince, not through fraud, but the calamities of the 
people. Some had loaned money before the currency 
depreciated. The planters, as a class, had lost their 
crops. Provisions sold at many times their former 
value. Creditors in London, fearing, amidst the diffi- 
culties and distractions of tliG colony, a loss of all 
their debts, ordered remittances at any rate, and suf- 
fered accordingly. All who held bills of credit, and 
waited hopefully for their redemption, hailed with 
joy the passage of the law of Governor Johnson. 

* 3 Stat., 34. 

t His Council were appointed to be Nicholas Trott, Alex. Skene, 
T. Broughton, Chas. Hart, Fr. Yonge, Saml. Wragg, and James Kin- 
loch. 



280 EARLY HISTORY OF SOUTH CAROLINA. 

Yet before the canceling of the public debt could be 
effected, the king in council ordered the proprietors 
to annul such acts of the Assembly as laid a duty of 
ten per cent, on British manufactures f' and an ex- 
pensive expedition of the Carolinians against the 
pirates became necessary — so that the debts of the 
province were increased, and at the same time its 
resources diminished. In the storm of indignation 
which arose among its creditors, the lords proprietors, 
safely housed, looked impotently forth upon their 
ship tossing from their sight. Gov, Johnson, on first 
meeting the representatives [Oct. 1717], in his ardor 
for the proprietors, inveighed against the addresses 
sent from the colony to England, without consulting 
their lordships. Such proceedings were " disrespect- 
ful," "unjustifiable and impolitic," and answered no 
good end. Their lordships, notwithstanding, had 
kindly donated for the public use, all arrears due to 
them to 1st May, 1718. But since £o in Queen 
Anne's time were now worth £12, the latter must 
be paid for land instead of the former.f The com- 

* Prosecution against their charter was threatened if these acts were 
not repealed. The proprietors said they knew not such acts were passed, 
and promised to repeal them. April, 1718 ; MS. Notes' from London 
papers. 

t At a council held 6th Sept. 1717. — As the act, 6 Queen Anue, ch. 
6, for ascertaining the rates of foreign coin, is in force in the colony, 
by instructions of the proprietors, it is ordered that Col. "Wm. Ehett, 
their receiver-general, " shall receive all such sums of money as shall 
become due to the lords proprietors after the date hereof, in lawful 
money, according to said act of parliament, according to the species 
therein mentioned ; or else in such a number of bills of credit as shall 
bear proportion to the same, which proportion at present we adjudge 
to be four for one — that is to say, twenty shillings for five. But this 
order not to extend to the purchase money of lands, or any grants or 



EARLY HISTORY OF SOUTH CAROLINA. 281 

mittee appointed to answer this address, were in- 
structed by the house to "touch sHghtlj (but not by 
way of argument or submission,) on what the last two 
Assemblies have done heretofore in addressino; his 
majesty to take this province under his protection. 
And as to the donatives of the lords proprietors to 
the said province, that they take notice of the design 
of the house, to consider thereof at a proper time."* 
They, thought taking £12 for £3, was not like a 
"donative." The munificence of surrendering their 
arrears was also made less by the governor's notice 
that, from the date of their lordships' letter, the gift 
must be understood as only extending to 3d May, 
1716. The Assembly declined the donative. John- 
son was anxious that they should accept it, and 
wished them to order a rent-roll made for the benefit 
of the proprietors, " as the Assembly is to pass whole- 
some laws even to private persons, much more to the 
lords proprietors, who are our masters !" If you will 
not do them this justice, they will "pursue other me- 
thods to recover their just dues," The Assembly re- 
plied, " we cannot but approve of your honor's care 
of their lordships' interest, who are, as you say, your 
masters." " If you look over their charters," was 
the answer, " you will find them to be your masters 
likewise." [Dec. 1717]. 

The governor appeared determined to gather in, 
as far as possible, all the powers yielded to the As- 
sembly in former administrations. The first oppor- 

plots that are already returned into the secretary's office before the date 
of this order, or the quit-rent thereof." 
* MS. Journals. 

24* 



282 EARLY HISTORY OF SOUTH CAROLINA. 

tunity for this experiment occurred on the election 
by the house of CoL Michael Brewton to be powder- 
receiver. " The keys of the magazine," said Johnson, 
" shall be kept only by the officer appointed by the 
governor, who is military chief, and grants commis- 
sions ; the house shall forthwith order the keys to be 
delivered to Major Wm. Blakeway, whom he has 
commissioned commander of the fortifications, and 
to take charge of the magazines ; which office cannot 
be separated from that of powder-receiver." The 
house refused to proceed in business if this claim was 
insisted upon, and prepared an advertisement, to be 
made public in such a case. The governor partly 
yielded, and wished, for the sake of peace, that both 
officers might be appointed. " My officer shall keep the 
magazines, and give receipts to your officer for all pow- 
der delivered into his keeping." " What is the use," 
replied the house, " of a pow^der-receiver who don't 
keep the powder?" " But I insist on keeping it," said 
Johnson, " for I am his majesty the king's lieuten- 
ant." He immediately saw the following advertise- 
ment fixed up at the watch-house by order of the 
Assembly : " Whereas, in and by an act entitled an 
act declaring the right of the House of Commons, for 
the time being, to nominate the public receiver, and 
duly ratified in open Assembly, the 5th day of July, 
1707, among other things therein contained, it is en- 
acted that the power, right, and authority of nomi- 
nating and appointing the public receiver and comp- 
troller, powder-receiver, and all such officers who re- 
ceive a settled salary out of the public treasury of 
this province, shall always remain and be solely in 



EARLY HISTORY OF SOUTH CAROLINA. 283 

the disposal of the House of Commons for the time 
being, who shall put out, call to an account, and put 
in place, from time to time, all such officers according 
to their discretion ; and whereas this present House 
of Commons did, on Saturday, the 7th of December 
instant, nominate and appoint Col. Michael Brewton 
to be powder-receiver in this province, and in that 
station to act and do in all thinsis as the laws thereof, 
now or hereafter to be in force in the same, which 
any ways relate to such his office, shall direct and 
order him : — These are therefore to give notice to 
and require all masters and commanders of ships and 
vessels, liable by law to pay any powder to the pow- 
der-receiver, who shall, after the date hereof, clear 
out and depart this province, that they pay the pow- 
der due, and payable according to law, for the several 
respective ships they shall happen to be masters or 
commanders of, unto Col. Michael Brewton, appointed 
powder-receiver as aforesaid, and to no person else 
inhabiting in the same, whatsoever, as they will an- 
swer the contrary by being prosecuted as the law di- 
rects. Signed by order of the house, George Logan 
Speaker."* 

* The next entry in the Journals is dated Feb. 3d, 1720. — An act 
was passed, Feb. 1719-20, "for preventing the embezzlement of the 
Public Kecords of this settlement, and for obtaining the same out of 
the hands of such persons as now have the custody thereof:" 3 Stat., 98. 
On account of this loss of the original materials, much of the subse- 
quent portion of this chapter will depend, principally, upon the "Narra- 
tive of the Proceedings of the People of So. Ca., in 'the year 1719," (2 
Carr. Coll.) by Francis Yonge, " being furnished with proper materials, 
the original papers, and an eye-witness to most that then passed iu that 
province;" and also on a MS. summary of the papers in England relat- 
ing to the same events. One of the original pamphlets of Mr. Yonge 



284 EARLY HISTORY OF SOUTH CAROLINA. 

Although Johnson had entered upon a sea of trou- 
bles, in the conflicting interests of the people and the 
proprietors, yet his integrity and ability, and the 
associations of his family and homo, and his father's 
services, secured for him a degree of popularity 
among the leading men of the province. At this 
time the pirates had by long impunity become formi- 
dable to the trade of the West Indies and Carolina. 
Their chief places of rendezvous were the Island of 
Providence and Cape Fear River. Against the former 
Capt. Rogers was sent by the king with a few ships 
of war, and captured the island. Except Vane and 
nbout ninety others who escaped, all the pirates there 
took the benefit of the royal proclamation, which 
promised pardon to such as should surrender them- 
selves within twelve months.* Capt. Rogers retained 
possession of the island, and instituted a civil gov- 
ernment upon it. The pirates whom, upon the whole, 
the proclamation seems to have encouraged, more 
than once blockaded the harbor of Charles Town 
for several weeks at a time, and took all the ships 
entering in or going to sea.'j' Steed Bonnet com- 
manding a sloop of ten guns, and Richard Worley 
another of six guns, issued at will from their place 
of refuge at the mouth of Cape Fear River, and ho- 
vered audaciously off the coast.* Johnson resolved 
to check their insolence, and fitting out two sloops, 

(1726) is in the CUarleston Library, presented by Gov. Drayton. For 
a notice of all the chasms in our Public Records, see Mr. Green's Re- 
port to Legislature, Nov. 1853. 

* Hewit, 209. 

t " Proceedings," «fec. : 2 Carr. Coll., 148. 



EARLY HISTORY OF SOUTH CAROLINA. 285 

placed them under command of Col. Bhett.* No 
man in Carolina possessed more dauntless courage. 
Exulting as an eagle for its prey, he pursued Bonnet, 
whom he met near the bar, into Cape Fear River, 
took the sloop after an engagement, and brought its 
commander and about thirty men to Charles Town. 
A disagreement having arisen between Rhett and 
the governor, the latter set out without him in pur- 
suit of Worley, who came to engagement off the bar, 
offering the Carolinians combat in a spirit of despe- 
ration. The pirates, fighting like furies, refused to 
surrender, and were all killed, except Worley and 
one of his crew, who still fought on, and were taken 
only when stricken down with dangerous wounds. 
They were brought into town, and to prevent their 
dying of their wounds were instantly tried, con- 
demned, and executed. Steed Bonnet and his crew, 
except one man, suffered in like manner, and their 
bodies were buried at White Point, below high-water 
mark.-j- The governor and Col. Rhett received the 
thanks of the proprietors for their conduct and suc- 
cess ; and though the public debt was increased by 
these expeditions, the people were gratified at having 



* Bonuet's letter to Col. Khett. 

t Bonnet escaped from prison and was recaptured. Vide Ramsey 
1, 204, for a letter addressed by Bonnet to Col. Rhett, to intercede in 
his behalf. There is a tradition that in his fight with the pirates 
Rhett was shot through the body. The cause assigned in the text for 
his not joining in the second expedition, is based on a letter of the pro- 
prietors on the subject. This letter of censure was not sent. Had the 
proprietors heard in the mean time the true cause of Col. Rhett's con- 
duct? 



9M EARLY HISTORY OF SOUTH CAROLINA. 

their commerce freed from hazard and destruction at 
so precarious a period of their prosperity. 

While CoL Daniel acted as governor a change was 
made in electing the members of Assembly. It had 
become customary (perhaps through the dangers of 
the province,) to choose all l;he members at Charles 
Town. By establishing parishes, and appropriating 
duties to the wardens of each, the evident conve- 
nience and utility of subdividing the operations of a 
system cumbrous and burdensome if concentrated, 
led to the expedient of creating county courts, and 
electing representatives by parishes. The latter, 
through appeals of the grand juries, was now begun, 
by allotting for Berkley county — four representa- 
tives to St. Philip's, (Charles Town), two to Christ 
Church, three to St. John's, four to St. Andrew's, 
three to St. James, Goose Creek, three to St. Thomas 
and St. Dennis, (whose boundaries were indefinite ;) 
four to St. Paul's and three to St. Bartholomew's, in 
Colleton county ; three to St. Helena, in Granville ; 
and one to St. James, Santee, in Craven.* The first 
election under this law occurred in April, 1717. The 
people were pleased with the greater freedom of pro- 
cedure in balloting in their respective parishes, with- 
out the violence and tumults they had often wit- 
nessed at Charles Town. On the other hand, Trott 
and Rhett had foreseen their loss of power by this 
method, and had exerted themselves to defeat it. 
Having failed to do so, they sent such representations 
of the change to the lords proprietors, " with whom 

* 2 Stat., G83. 



EARLY HISTORY OF SOUTH CAROLINA. 287 

they had always too much interest, either for their 
lordships' or the people's good,"'=' that at the juncture 
of a new effort by the Assembly harmonizing with 
Johnson, (after the suppression of the pirates,) to 
save the public credit, and who, it is said, "were 
never observed to be in so good a disposition toward 
the proprietors" — at this juncture an order arrived 
to dissolve the Assembly forthwith, and call a new 
one according to the former custom, and the laws 
ratified in London. What right had the Assembly to 
alter any thing ratified by their lordships, without 
their consent? Our deputies, it is true, have sanc- 
tioned your new election act ; but we are not bound 
by what our deputies do, being ourselves the head 
of the legislative body of the province ; what we 
refuse you cannot enact; and what we once approve 
of you cannot alter or repeal. 

With this tyrannical injunction came a repeal of 
the act for electing the receiver, &c., the Yamassee 
land act that regulated the Indian trade, and other 
laws raising duties to liquidate their debts and for 
the necessary support of the colonial government.']* 
Governor Johnson and his council (except Mr. Trott), 
were greatly surprised at these orders, and having 
carefully considered the consequences which would 
follow their promulgation, resolved to keep them 
secret till the Assembly had accomplished the business 
then before them. But as the repeal of the duty 
acts was by order of the king in council, this at least 
must be immediately performed. By some means, 

* F. Yonge. f See these orders : 3 Stat., 30. 



288 EARLY HISTORY OF SOUTH CAROLINA. 

however, the iicature of all the instructions was di- 
vulged, and the Assembly were much excited. They 
thoroughly discussed the position assumed by the 
proprietors, of freedom from obligation by acts of 
their deputies. So widely did they differ from their 
lordshi^Ds, that they thought no act of the deputies, 
who w^ere attorneys by the nature of their deputa- 
tion, could be annulled by the proprietors ; who 
were also, in such cases, according to the tenor of 
their charter, as much bound as if they- had been 
present and affixed their own signatures to the bills 
sent from the Assembly. Moreover, to deny the 
Assembly's right to repeal laws, found in the course 
of time to be deleterious to the public welfare, was 
equivalent to an abnegation of their essential legis- 
lative character. 

Immediately before these events, Whitaker, AUein 
and other lawyers, who had long endured Judge 
Trott's tyraniiy in court, presented to the Assembly 
thirty-one articles of complaint against him, setting 
forth, ^'That he had been guilty of many partial 
judgments; that he had contrived many w<ays to 
multiply and increase his fees contrary to acts of 
Assembly, and to the great grievance of the subjects, 
and that among others, he contrived a fee for contin- 
uing causes from one court or term unto another, and 
then he put off the hearing for several years toge- 
ther ; that he took upon him to give advice in causes 
depending in his courts, and did not only act as a 
counselor in that particular, but also had and did 
draw deeds and other writings between party and 
party, some of which had been contested before him as 



EARLY HISTORY OF SOUTH CAROLINA. 289 

chief-justice; in the deteraiining of which he had 
shown great partialities, with many other particulars ; 
and lastly, complaining that the whole judicial power 
of the province had lodged in his hands alone ; of 
which it was evident he had made a very ill use, he 
being at that time sole judge of the Pleas and King's 
Bench, and judge of the Court of Vice-Admiralty, so 
that no prohibition could be lodged against the pro- 
ceedings of that court, he being in that case to grant 
a prohibition against himself; he was also at the 
same time one of the council, and of consequence, of 
the Court of Chancery." The facts alluded to being 
substantiated, the Assembly sent a message to the 
governor and council, requesting their concurrence in 
complaining to the lords proprietors, and desiring 
them to remove Mr. Trott entirely from office, or 
to limit him to a single jurisdiction. Trott needed 
no greater condemnation than the concurrence of the 
Assembly, governor, and a majority of council in 
this measure. Thinking their object would be best 
effected by sending to the proprietors one of the 
council who was cognizant of the whole case, and all 
the affairs of the province, they deputed Mr. Yonge, 
who, with suitable instructions, arrived in London 
in May, 1719. 

Lord Carteret, the palatine, being about to proceed 
on an embassy to the court of Sweden, referred Mr. 
Yonge to the rest of the proprietors ; to whom, after 
some delay occasioned by themselves, he presented 
a memorial [June 5, 1719] excusing the governor 
and council for not instantly dissolving the Assembly, 
as many persons had furnished voluntarily, or by im- 
25 T 



290 EARLY HISTORY OF SOUTH CAROLINA. 

pressinent, the means for the two expeditions against 
the pirates, which amounted to more than .£10,000, 
and which must be paid by this Assembly, or lost 
perhaps in the disaffection of another elected amidst 
the tumult that would follow a strict obedience to 
their lordships' commands. Besides, the annulment 
of the duty acts, by which the clergy, the garrisons, 
and several public debts were paid, and on which 
orders had been already drawn for .£30,000 ; and 
the annulment of the trading law, and the provi- 
sions for sinking a portion of the bills of credit, and 
at the same time a dissolution of the Assembly with- 
out a substitute for the laws annulled, threatened 
serious embarrassment to the government. They 
had preserved to their lordships without diminution 
all their rights and powers j and in relation to the 
principles of repeal, presented them a copy of Mr. 
Trott's speech, made at a conference of the two houses, 
in support of the prerogative of the proprietors. The 
memorial next showed the necessity of allowing Mr. 
Secretary Hart a clerk to assist in transcribing the 
laws which their lordships required to be sent con- 
stantly to them ; to allow Mr. Gibbon a remuneration 
for the council's use of his rooms; and themselves 
some equivalent for spending one third of their time 
in the discharge of official duties; to please to let Mr. 
receiver-general pay for the candles, &c. ; to place 
custom-house officers at Beaufort, whose inhabitants 
now rapidly increasing were compelled to bring their 
produce to Charles Town for shipment; to grant 
6000 acres to the public for the garrisons ; and some 
part of the land to the northward on the same terms 



EARLY HISTORY OF SOUTH CAROLINA. 291 

as tlie Yamassee lands had been granted for encourag- 
inof the settlement of the frontiers in that direction. 
And lastly, as if in doubt of success, the memorial 
set forth the complaints against Trott, and pleaded 
for the people's undoubted right of appealing from 
his erroneous judgments in law; who, in possessing 
all judicial authority in the colony, held '' a trust 
never reposed in any one man before in the world." 

Now it happened that some of the proprietors were 
minors, and that the rest were so occupied with other 
business, that the affairs of the province were in a 
great measure managed by their secretary, and that 
Judge Trott and his brother-in-law. Col. Rhett, com- 
pletely managed the secretary. " The secretary, " 
sa_ys Mr. Yonge, " sent any instrument when drawn, 
by the post, to such as were out of town, or carried 
them to sign, to those that were in town ; which was 
generally done without any previous consideration 
whether they were fit and convenient to be done or 
not ; and thus a whole province was to be governed 
by the caprice of one man."''' Trott's private letters 
were listened to, while the united voices of the go- 
vernor, council, assembly, and people of South Caro- 
lina, appeared indicative only of falsehood and 
treachery. The chief-justice was thanked for his 
efforts to uphold their lordships' power, and furnished 
with a copy of the complaints against him that he 
might prepare his answer thereto. He was main- 
tained in all his offices, but it was intimated that a 
sense of propriety should prompt him to withdraw 
from the council, whenever complaints against him- 

* " Proceedings," &c., 1G2. 



292 EARLY HISTORY OF SOUTH CAROLINA. 

self were presented for their consideration. Mr. 
Yonge, who held a commission as surveyor-general, 
was a deputy by recommendation of the palatine, 
and at an important crisis had come thousands of 
miles to represent the authorities of the province, 
and to afford from his knowledge and experience 
whatever information the proprietors might wish, was 
disrespectfully kept in attendance for three months, 
and then sent back with sealed dispatches and 
ignorant of their lordships' resolves. Their letter to 
Governor Johnson was this : " Sir : We have received 
and perused your letters and all your pajDcrs delivered 
us by your agent, Mr. Yonge ; and though we are 
favorably inclined in all our tiioughts relating to our 
governor, yet we must tell you, we think you have 
not obeyed your orders and directions given to you, 
to dissolve that Assembly and call another forthwith 
according to the ancient usage and custom of the 
province ; and to publish our repeals of those acts of 
Assembly immediately upon the receipt of our orders 
aforesaid. But we shall say no more upon the subject 
now, not doubting but our governor will pay a more 
punctual obedience to our orders for the future. 
The lords proprietors' right of conferring and repeal- 
ing laws, was so particular a privilege granted to 
them by the crown, that we can never recede from 
it. And we do assure you we are not a little sur- 
prised that you would suffer that prerogative of our's 
to be disputed. We have sent you herewitli an in- 
struction under our hands and seals, nominating such 
persons as we think fit to be of the council with 3'ou, 
six whereof, and yourself, and no less number, to be 



EARLY HISTORY OF SOUTH CAROLINA. 293 

a quorum. Upon your receipt of this, we hereby 
require you to summons the said council, that they 
may qualify themselves according to law, and imme- 
diately sit upon the dispatch of business. We also 
send you the repeal of the acts of Assembly, which 
we order you to publish immediately upon receipt of 
this. We do assure Mr. Johnson that we will stand 
by him in all things that relate to the just execution 
of his office, and we are confident that he will per- 
form his duty to us, and support our power and pre- 
rogatives to the best of his abilities. If the Assem- 
bly chosen according to your pretended late act is 
not dissolved, as we formerly ordered, and a new 
Assembly chosen pursuant to the act formerly con- 
firmed by the proprietors, you are forthwith com- 
manded hereby to dissolve that Assembly and to call 
another according to the above-mentioned act."''' 
There were only three proprietors personally present 
on this occasion, who, in addition to this haughty 
epistle, sent out a mandate, [July, 1719,] under 
hand and seal, for creating a council of twelvG,f 
instead of the customary number of deputies; and 
refusing to grant a small portion of land for the use 
of the permanent garrisons on the Savannah and 
Congaree, gave strict orders that no more land should 
be granted to any person whatsoever, but that fifteen 

* Signed, Carteret, paliitine ; Bertie, for Duke of Beaufort ; M, 
Ashley ; J. Colleton ; and J. Dawson. Lord Carteret's name was signed 
by Mr. Ashley, who acted for him. 

t They appointed William Ball, Ralph Izard, Nicholas Trott, Charles 
Hart, Samuel Wragg, Benj. dc la Consilliere, Peter St. Julien, Wil- 
liam Gibbon, Hugh Butler, Francis Yonge, Jacob Satur, and Jonathan 
Skrine. 

25* 



294 EARLY HISTORY OF SOUTH CAROLINA. 

baronies, each of 12,000 acres, should be Laid out for 
their private use in the Yamassee territory nearest 
to Port Koyah Of the members of council who had 
joined the Assembly in complaining against Trott, 
they turned out three, Col. Broughton (the governor's 
brother-in-law), Alexander Skene, and James Kinloch, 
and the fourth, who was Mr. Yonge, they said was 
permitted to remain only through respect to the 
absent palatine, by whom he had been recommended. 
The result of Johnson's deliberations with regard 
to his future course, was to keep his office, to shelter 
himself beneath the wing of Trott, and come forth 
only to do his bidding. The new council were sum- 
moned, some of whom refused their appointment. 
The governor declared the laws repealed as directed 
by the proprietors, and by proclamation dissolved the 
Assembly, and ordered a new election after the old 
method. The deputies excluded from council were 
active among the people, whom now no love, fear, or 
interest restrained in their opposition to the proprie- 
tors. Had they not, spurning all appeals, protected 
a tyrannical judge, and continued him in power over 
their lives and property ? Had they not refused to 
part with an acre of their immense uncultivated 
domains for public or private use, against the ex- 
pressed design of the charter ? Was it not under 
their grant that they had lately promised 200 acres 
to all new settlers, by which inducement several 
hundred immigrants came from Ireland, who now 
must starve in "Carolina, or beg the means of return- 
ing to their homes. Thousands of pounds had been 
expended by the colony to fetch these settlers here ; 



EARLY HISTORY OF SOUTH CAROLINA. 295 

and must their lordships now issue a fiat in effect 
forbidding the number of inhabitants to be increased 
and the frontiers strengthened? To foster the power 
of a few favorites, had they not counteracted the equi- 
table representation of the people ? Had they helped 
the colony in its distress, beat back the Spaniards, or 
quelled at any time an Indian horde; or could they now, 
masters as they claimed to be, protect the Carolinians in 
any emergency ? And if after all these provocations 
we choose to rebel, and throw your vaunted absolutism 
to the winds, where are your forces to suppress our 
revolt ? Will King George, our sovereign, to whom 
we will appeal for protection, furnish you with an 
army to reduce us to submission ? Such were the 
feelings and opinions of the people who came to the 
polls at Charles Town to elect their last Assembly 
under the proprietary government. " Mr. Rhett and 
Mr. Trott found themselves mistaken, in fancying 
they could influence the elections when in town, so 
as to have such members chosen as they liked ; for it 
proved quite the contrary ; they could not get so 
much as a man chosen that they desired. The whole 
people in general were prejudiced against the lords 
proprietors to such a degree, that it was grown almost 
dangerous to say anything in their favor."* 
• War had again been declared against Spain, and a 
project was formed at Havana for attacking South 
Carolina and the island of Providence. Gov. John- 
son, receiving advice of this design, called together 
his council and such members elect as he could 

* F. Yonge's Narrative. 



296 EARLY HISTORY OF SOUTH CAROLINA. 

gather ; for the time of meeting of the new Assembly 
had not arrived. He desired them to consider the 
necessity for immediately repairing the fortifications. 
As the recent dissolution and repeals had left the 
province unprovided with funds, he proposed a volun- 
tary subscription, subscribing himself £500. The 
members of Assembly replied, "they thought the 
income of their duties was sufficient for that service." 
" But the act raising those duties is repealed by the 
proprietors." They answered that they "did not and 
would not look on their repeal as anything ;" and that 
the receiver had orders to sue any man who refused 
to pay as that law directed. Whereupon Mr. Trott 
told them, "if any action was brought into liis courts 
(for so he always called them) on that act, he would 
give judgment for the defendant." After violent 
altercations they dispersed, the members preferring 
to hazard the loss of the country to the Spaniards 
rather than acknowledge the right of the proprietors 
to repeal their laws. Johnson did what he could in 
this defection, and summoning the field-officers of the 
militia, gave orders to review their regiments and 
settle a plan of general rendezvous, in case of any 
sudden attack upon the province. This muster pro- 
mised to the leaders of the opposition an admirable 
opportunity to form a complete combination of the 
people. An association was secretly prepared. Alex- 
ander Skene, who had been many years secretary for 
the island of Barbadoes, and was skillful in the ma- 
nagement of public affairs, was filled with resentment 
against the proprietors for turning him out of the 
council, because he had joined in the complaint against 



EARLY HISTORY OF SOUTH CAROLINA. 297 

Mr. Trott. His experience and resolute cliaracter 
fitted him both for planning and consummating a 
revolution ; and he exerted especial influence in the 
private meetings of members of the Assembly, held 
for considering the best metliod of delivering the pro- 
vince from the authority of the proprietors. But 
among many able and resolute patriots no particular 
leadership was assigned — wisdom, not war, was needed 
— the commonwealth, the good of every man around 
them, was the object of their solicitude. Their de- 
claration and resolutions were framed and mutual 
pledges given. The muster of the regiments took 
place according to order ; and the people, " almost to 
a man," signed the resolutions submitted to them : 
"and so the whole province was at once brought into 
a confederacy against the lords proprietors, unknown 
to the governor." The first notice he had of these 
proceedings was from a joint letter signed by Mr. 
Skene, Col. Logan, and Major Blakeway, on 2Sth 
November : — " Sir : We doubt not but you have heard 
of the whole province entering into an association to 
stand by their rights and privileges, and to get rid 
of the oppression and arbitrary dealings of the 
lords proprietors. And as we always bore you the 
greatest deference and respect imaginable, we take 
this opportunity to let you know that a committee 
of the people's representatives were last night ap- 
pointed to wait on you this morning to acquaint you 
that they are come to a resolution to have no regard 
to the lords' officers nor their administration ; and 
withal, to beg that your honor would hold the reigns 
of government for the king, till his majesty's pleasure 



298 EARLY HISTORY OF SOUTH CAROLINA. 

be known. The great value the whole country ex- 
presses for your honor's person, makes them desirous 
of having nobody but yourself to govern them ; and 
as you must be convinced that no person can be more 
passionately desirous of your government than our- 
selves, we hope you will not take amiss any advice 
given by faithful and affectionate friends. And there- 
fore w^e take the liberty to tell you freely, that we are 
of opinion that your honor may take the government 
upon you, upon the offer of the people for the king ; 
and represent to the proprietors, that rather than the 
whole country should be in confusion and want a 
governing power, you held it for their lordships, 
though you were obliged to comply with the pro- 
vince, who were unanimously of opinion that they 
would have no proprietors government. We could 
wish for a longer and better opportunity to explain 
this affair to you ; but it is impossible, for the gentle- 
men will be with you in two hours at the farthest. 
We heartily wish your honor the utmost success, let 
it go which way it will ; but beg leave to observe, 
that your compliance will not only be the greatest 
satisfaction imaginable to the province in general, but 
in particular to your obedient," &c. 

Johnson received this letter at his plantation, and 
not being deceived by its flattery, hastened to town and 
summoned such of the council as he could instantly 
convene, who were Judge Trott, Izard, Hart, De la 
Consilliere, Bull, Butler, and Satur, and desired their 
opinion on what was proper to be done. He had 
met on his arrival, Skene and Berrisford, who in- 
formed him that the committee appointed to wait on 



EARLY HISTORY OF SOUTH CAROLINA. 299 

him had changed their minds, and dispersed to their 
respective homes ; the council therefore advised him 
to wait until the Assembly met, and revive the sub- 
ject by their action. 

In the mean time, the members elect held many 
j)rivate meetings in the country.* The people hav- 
ing joined the association, had thereby "promised 
and agreed to stand by and support whatsoever 
should be done by their representatives then newly 
chosen, in disengaging the country from the yoke and 
burden they labored under from the proprietors, and 
putting the province under the government of his 
majesty." Fortified by this consent of their consti- 
tuents, the Assembly met [Dec. 17th,] according to 
the tenor of their writs, and the governor sending 
the usual message that he was ready with his council 
to receive them, they came in a body, and Mr. Mid- 
dleton delivered on their part the following address : 
" May it please your honor : I am ordered by the re- 
presentatives of the people, here present, to tell you 
that according to your honor's order w^e are come to 
wait upon you. I am further ordered to acquaint 

* A private letter of November 14tli, 1719, describes the disquiet of 
the people on the grounds mentioned in the text, and ends, " on Mon- 
day next there is to be a private meeting of the country gentlemen, for 
which great speculations are made. And I tell you, sir, if the much 
greater part of the most substantial people had their choice, thay would 
not choose King George's government." In December, Col. Ehett, 
" the intelligent receiver of the revenues, wrote in prophetic language, 
that upon twenty-five years' experience he had remarked, tliat the plant- 
ers of Carolina, who are greatly in debt to the proprietors, had been 
raising conspiracies ; and if their recent revolt is not cropt in the bud, 
they will set up for themselves against his majesty."— Chalmers' History 
of the Kevolt, &c., vol. ii. p. 93. 



300 EARLY HISTORY OF SOUTH CAROLINA. 

you that we own your honor as our governor, you 
being approved by the king ; and as there was once 
in this province a legal council, representing the pro- 
prietors as their deputies, which constitution being 
now altered, we do not look upon the gentlemen pre- 
sent to be a legal council. So I am ordered to tell 
you that the representatives of the people do disown 
them as such, and will not act with them on any 
account." This address was delivered in writing at 
the request of the governor, and signed by Middleton 
as President, and by twenty-two of the Assembly. 
Anticipating a dissolution they resolved, probably 
before presenting this address, that the three laws 
for electing the public receiver, &c., by the Assembly, 
for raising duties, and for electing representatives by 
parishes, " pretended to be repealed, are still in force 
within this province, and could not be repealed or 
made void and null, but by the General Assembly of 
this province, and that all public officers and others 
are to have due regard to the same accordingly." 
They also resolved, " That the writs whereby we 
the representatives here met were elected are ille- 
gal : first, because they are signed by such a council, 
as we conceive the proprietors have not a power to 
appoint. Secondly, for that their council does con- 
sist of a greater number of members than the pro- 
prietors themselves are, which we believe is contrary 
to the design and original intent of their charter, and 
approaching too near the method taken by his ma- 
jesty and his predecessors, in his plantations, whom 
they ought not to pretend to imitate or follow, his 
majesty not being confined to any number in his 



EARLY HISTORY OF SOUTH CAROLINA. 301 

council ill his plantations, but as he thinks Ht him- 
self; but the proprietors, as subjects, we believe, are 
bound by a charter. Thirdly, were there no doubt 
of the legality of the council, yet, according to the 
proprietors instructions there was not a sufficient 
number to dissolve the last Assembly, one of the 
council signing being a foreigner, not naturalized, and 
consequently not capable of doing any act of gov- 
ernment in any of the British dominions, and ex- 
pressly contrary to the lord proprietors' charter, and 
a high act of presumption in them thus to impose 
upon his majesty's free people of this province. For 
the aforesaid reasons — Resolved, That we cannot act 
as an Assembly, but as a Convention, delegated by 
the people, to prevent the utter ruin of this govern- 
ment, if not the loss of the province, until his ma- 
jesty's pleasure be known — that the lords proprietors 
have, by such their proceedings, unhinged the frame 
of government, and forfeited their right to the same 
— and that an address be prepared, to desire the ho- 
norable Robert Johnson, Esq., our present governor, 
to take the government upon him in the king's name, 
and to continue the administration thereof until his 
majesty's pleasure be known." 

The governor and council were alarmed at these 
bold and uncompromising resolutions. The treasury 
was empty ; an invasion by the Spaniards expected 
at any hour; the whole mass of the people associated 
in revolt. Trott and a majority of council — for 
Johnson ventured nothing on his own responsibility 
— advised the gentle means of a temporizing policy. 
A message was consequently sent to the Assembly, 
2G 



S02 EARLY HISTORY OF SOUTU CAROLINA. 

desiring tlieir conference with the governor and coun- 
cil. They replied they would* receive no message or 
paper from the governor in conjunction with those 
gentlemen he called his " council." Being again 
sent for in the name of the governor alone, he read 
to them a carefully written speech, whose mingled 
persuasion and argument, and latent threatenings, 
could not have heen excelled even by the remarkable 
abilities of the chief -justice. After recapitulating 
the subjects he had intended to recommend at this 
juncture for legislation, he proceeds : " But Mr. Mid- 
dleton's telling me, in the name of the rest, that 
you would not act loitli, and your surprising message 
since, that you will not receive any thing from me 
in conjunction with my council, has made it neces- 
sary for me to take this occasion of talking with that 
plainness and freedom so extraordinary a proceeding 
of yours requires. And first I must take notice of 
your message, wherein you say you own me as gov- 
ernor, because I am approved of by the king ; but 
that you disown the council to be a legal one, nor 
will act with them on any account whatsoever, and 
this is subscribed by all your members. But upon 
examining I find it to be pretty dark and evasive, 
and seems as you would avoid expressing in plain 
terms what I have too much cause to fear is your 
design, I mean, to renounce all obedience to the lords 
proprietors; and this I cannot but think you propose 
from all your words and actions. You say you ac- 
knowledge me, because I am approved of by the 
king ; but you take no notice of my commission from 
the proprietors, which is what makes me governor. 



EARLY HISTORY OF SOUTH CAROLINA. 803 

The confirmatioTi of (ho khig only si.uiii('u>s his ma- 
jesty's .•ipprohatioH of the per.soii the h)i'(ls proprie- 
tors h;ive eonstitutcMl. Ihit it is my commission ;uul 
instriu'tion I'rom them that not only grants hut hmits 
my power, and contains the rules hy whieli i must 
act, and are to warrant and vouch my actions. 
Thcrefort; to ;ivoid declarhig in cxpr(\ss terms, your 
renouncing the lords' ])ow(M-, ;nul at tlie same time 
doing it in efVect, is to create pcM'pctual douhls and 
disputes, and is not acting with that sincerity and 
plainness which ought to l)e used in all puhlic dc- 
l)at(\'^, and esi^'ciMliy in matt(>rs of so grtnit concern 
as this is, and upon which so great conseipiences de- 
pend. I do require and demand of you theretore, 
and expect 3'ou will iinswer me in [)lain and ])()sitive 
terms, wdiether you own the authority of tlic lords 
pio[,riot()rs as lords of this [)rovince, ;ind h:i\ ing nu- 
thority to administer or autiiorize others to aihnin- 
ister the government thereof; saving the allegiance 
of them and the peo])le to liis most sacred miijesty 
King George? or, whether yon absolutely renounce 
all ohedience to them, and those commissioned and 
anthorized hy them? or, whether you admit their 
general power, and only dispute that particular 
branch of their authority in constituting a council 
after the maiuuu' they have now done? If you i\vny 
their general [)ower aud autliorlly in this province, 
and say that their lordsliips have IbrfeitcMl their char- 
ter as Mr. Berrisford asserted, and you all ac({uiesced 
in — then I demand of you that you signify wliei'cin 
the lords have forfeited their charter, and what, par- 
ticular hraiudi thereof they ha,\'e Ijiokeii. And I 



304 EARLY HISTORY OF SOUTH CAROLINA. 

demand of you, that supposing (not granting) they 
have made a forfeiture of their charter, by what 
power do you presume to renounce their authotity, 
and to model a government out of your own heads, 
before such time as that, by a court having lawful 

• jurisdiction of the same, it shall be adjudged that the 
lords have made a forfeiture of their charter, and that 
the powers granted them are null and void? If the 
king is of opinion, that any corporation or society 
has made a forfeiture of the rights and powers 
granted by their charter, although his majesty may 
have the advice of his attorney and solicitor-general, 
and his judges and counsel learned in the law, that 
such a forfeiture has been made, and this he may 
more reasonably depend upon than any advice or 
assurance you can have; yet notwithstanding this, 
and his supreme authority as king, he never dispos- 
sessed the persons of the powers granted them, before 
a quo luarrcmto or some other process had been 
brought, and judgment obtained against the same. 
And if the king doth not assume such a power, by 
what authority do you assume it? 

" I desire you further to consider the consequence 
that attends that assertion — of the charter being for- 
feited — before judgment is given upon the same. 

• For if it be so, then the forfeiture must be from the 
time that the fact was committed that caused the 
forfeiture ; and then you must remember, that by the 
charter the lords have granted to them not only the 
power of ordering the government, but also the lands 
are granted to them by the said charter. So that if 
there is a forfeiture of the rights and prerogatives 



EARLY HISTORY OF SOUTH CAROLINA. 805 

of the government, there is also ii forfeiture of their 
rights to the lands and to grants made by their author- 
ity of any lands, since the fact committed that caused 
the forfeiture, according to your own doctrine and 
assertion, must be null and void. And, therefore, how 
many persons' titles to their lands will become void, 
I leave you to consider. And though it may be your 
will to assign some new late fact by which you may 
think to avoid the ill consequences that attend the 
titles to the lands, yet know, that the facts that you 
assign may not be the only ones that may be thought 
to have made the forfeiture of their charter. And 
if your present assertion is true, that they may be 
dispossessed before a judgment, it may be other per- 
sons may assign other causes of the forfeiture, beside 
those which you assign, which may have been com- 
mitted many years ago. For you cannot but know 
there have been persons in the province, that for 
several years past have publicly asserted that the 
lords have done facts for which their charter was 
become forfeited j which, if so, I leave you to consider 
what a gate you will leave open to call in question, 
nay, utterly destroy, several hundreds of people's 
titles to their lands. And though you have most 
unjustly and untruly suggested to the people, to 
create a prejudice in them to the lords proprietors, 
that their lordships designed to dispute their titles to 
their lands ; yet, by this assertion and practice, you 
are the persons that will not only call in question, 
but effectually destroy their titles. 

"And if you persist in disowning the council as 
now authorized, then I desire you further to consider, 
26=-- u 



306 EARLY HISTORY OF SOUTH CAROLINA. 

in what capacity I can act with you, and to what 
purpose you pretend to sit and transact the public 
business of the province. You know very well I am 
not able to join you in passing any law without the 
consent of my council ; and surely you cannot pre- 
tend to pass laws without me ; and what an absolute 
occasion there is now to pass some laws, that the 
province may be put in a posture of defense, and the 
contingent charges thereof defrayed, I leave you 
seriously to consider, and hope you will not lose the 
whole province to the enemy for your own humors. 
But I am further to tell you that, in case you con- 
tinue to deny the authority of the council, you can- 
not properly style yourselves the representatives of 
the people ; for you know very well you were chosen 
members of Assembly, pursuant to, and by virtue of 
the writs signed by myself and council. For it is 
not the j^eople's voting for you that makes you become 
their representatives ; the liege people of this, nor 
any other province, have power to convene and choose 
their representatives without being authorized so to 
do by some writ or order coming from authority law- 
fully impowered. And if you pretend that the writs 
signed by me, as governor, were sufficient ; to that I 
answer, that I do not pretend to any such authority, 
.but jointly and with the consent of my council, it 
being the express words of my commission. Nor did 
I sign the writs in any other capacity than in con- 
junction with my council, who also signed the same. 
But if my signing the writs were sufficient authority 
for the people to choose you, then you must allow, 
that as the power lies solely in me to call you, it lies 



EARLY HISTORY OF SOUTH CAROLINA. 307 

also solely in me to dissolve you. And therefore if 
by your actions you will force me to make use of 
that power, I do hereby publicly protest and declare 
you only must be answerable for the ill consequences 
that may attend such a dissolution, and for the loss 
of the lives and estates of the king's subjects in this 
province by any attack that may be made upon them 
by our public enemies, the Spaniards, or from the 
Indians, by reason of the provinces' not being put 
into such a posture of defense as it ought, and would, 
if you proceeded to transact the public business under 
a lawful authority; and this I would have you 
seriously to consider of. 

"Notwithstanding stories that have been indus- 
triously spread to possess the people that you are the 
only persons who stand up for their rights and privi- 
leges; by which it may be you have so fiir engaged 
them in your favor, that you may have their assist- 
ance to enable you to commit any act of force or vio- 
lence upon the government and the anthority of the 
lords proprietors — yet know, and be assured, that the 
matters in dispute are of that consequence, that they 
must and will be decided by an authority in England 
having lawful jurisdiction of the same ; and that 
there it must be law and right that must justify your 
claims, and not the consent and approbation of the 
people of Carolina, who will have no weight there, but 
the right and merit of the cause. 

" I must further mention to you that 'tis notoriously 
known you have promoted two forms of associations, 
and have persuaded the people to sign them. How 
far you can be justified at home, behooves you to con- 



308 EARLY HISTORY OF SOUTH CAROLINA. 

sider. But as I am satisfied no matter of such pub- 
lic concern ought to be carried on without my know- 
ledge, so do I hereby require and demand of you 
an attested copy of both associations ; and though it 
may not concern me to have the names of every in- 
dividual person that has signed them, yet I do insist 
upon it, that you do acquaint me which of your 
own members have signed both or either of them, as 
also the names of such persons wdio have commis- 
sions or hold any places, civil or military, under 
their lordships, or of such persons who practice the 
law in their lordships' courts and have signed them. 
To what is here demanded of you I do require your 
plain and positive answer in express terms, and that 
you do in w^riting give me the same in a body, and 
under your hands." 

The Convention, as they entitled themselves, after 
a short deliberation replied : " We have already ac- 
quainted you that we would not receive any message 
or paper from your honor, in conjunction with the 
gentlemen you are pleased to call your council ; 
therefore w^e must now again repeat the same, and 
beg leave to tell you, that the paper your honor read 
and delivered to us, we take no notice of, nor shall 
we give any further answer to it but in Great Britain." 
x\t the same time, they respectfully solicited Gov. 
Johnson, by an address, to assume the administra- 
tion in the name of the king. Grateful for their con- 
fidence, he was restrained by a sense of duty to the 
proprietors to decline their offer, desiring no favor 
from them than to save the province from impending 



EARLY IIISTORT OF SOUTH CAROLINA. 309 

dangers of foreign invasions, and to forbear involving 
it in anarchy and confusion. 

The same afternoon the governor, convinced of 
their unjdelding determination, dissolved them by 
proclamation. The proclamation was torn from the 
marshal's hands, and the Convention issued a pro- 
clamation in their own names, ordering all officers, 
civil and military, to hold their offices until further 
orders from themselves. Having failed on their part 
to bring Johnson into their interest, they elected their 
own governor, Col. James Moore, who was commander- 
in-chief of the militia under the former governor, 
and had lately been removed for his active opposition 
to the authority of the proprietors. 

On the 21st December, Johnson hastened to town 
from his plantation, having heard that the people in- 
tended to proclaim their governor in the king's name. 
He despatched letters to his council to meet him, but 
they did not come. On the preceding Saturday, he 
had had intimations of the design of the people, Mon- 
day having been appointed for a general review of 
the militia; but he had countermanded his orders, 
and particularly enjoined upon Col. Paris not to per- 
mit a drum to beat. It was with surprise therefore 
that he found the militia drawn up at the market 
place, and colors flying at the forts and on all the 
ships in the harbor, and preparations made for pro- 
claiming their governor with great solemnity. It 
would be tedious, says an eyewitness, to tell all that 
Johnson did on this occasion, running about, mena- 
cing some, roughly handling others, or with fair 
words appealing to them to desist from their purpose. 



310 EARLY HISTORY OF SOUTH CAROLINA. 

"How dare you." said he, to his commcanding officer, 
"to appear in arras against my orders ? In the king's 
name, disperse your men !" Col. Paris replied, he was 
obeying the orders of the Convention ! — and was 
obliged instantly to command his men to level their 
muskets to shield himself from Johnson's wrath. He 
was attended by only one of his council and by Mr. 
Lloyd, who was sent by the leaders of the revolution 
to keep wdth him under pretense of friendship and 
adherence, and to prevent any rash action on his part. 
Where now were Col. Khett and Judge Trott ? The 
narrative before us answers — " leaving their masters 
in the lurch." 

When the troops began their march, Johnson's ex- 
citement inspired him with energy and eloquence 
sufficient to stop them once more and cause their line 
to waver in momentary hesitancy. But Sir Hoven- 
dine Walker, who was with them, urged the popular 
leaders to dissolve without delay the infatuating 
charm of the governor's appeal. In mingling sounds 
along the lines their patriotic harangues were heard, 
and with steady tramp the troops marched on, escort- 
ing the members of the Convention to the fort. TJie 
ceremonies of the day were completed ; and James 
Moore was proclaimed by the united acclamations of 
the whole people, Governor of South Carolina in 
the name of his majesty the King of England. 



APPENDIX. 



APPENDIX. 



LIST OF PAPERS, IN STATE PAPER OFFICE, LONDON; 
RELATING TO SOUTH CAROLINA, TO 1700. 

XoRTH Caholina, B. T., Vol. 1. 

1682, May 10. Instructions for Joseph Moreton, Esq., one of 

the Landgraves of Carolina, and Governor of that part 
of our Province that lyes South and West of Cape 
Feare. 

1G82, July 31. Articles of Agreement between the Lords Pro- 
prietors of Carolina and the Ilon'ble Sir John Cockran 
and Sir George Campbell, in behalfe of themselves and 
others designed to settle with them in Carolina. 
■^1674, April 5. The Lords Proprietors to Governor Joseph 
West. 

1681-2, Jan. 12. The Fundamentall Constitutions of Carolina. 

1682,?. llules of Precedency. 

1683, Jane 22. Lords Proprietors to "Our Governor, our De- 

putys & Parliam't of that part of Province of Carolina 

that lyes South & West of Cape Feare." 
1683, Sept. 30. Lords Proprietors to the same. 
1683, Sept. 30. Same appointing John Moore Receiver General 

of that part of Carolina that lyes South & West of Cape 

Fear. 
1682, Aug. IT. The Fourth Fundamentall Constitutions of 

Carolina. [N. B. These contain much more than the 

third above of 12th Jan'y, and embrace 126 different 

Articles, instead of 120 only.] 
1682, Nov. 20. Kules for granting Land. 

1682, May 18. Commission to Ilenry Woodward & all who are 

willing to attend him to search and make discoveries in 
" the Inland of Carolina." 

1683, Sep. 30. Lords Proprietors to Gov., Council & Parliam't 

of Carolina South and West of Cape Fear. 
1665, June 30. The Second Charter. 

1684-5, Mar. 13. Lords Proprietors to Gov., &c., Tas above.) 
1684-5, Mar. 12. Instructions to Joseph AVest, Esq., one of 

the Landgraves, & Gov. of that part, &c.. South & 

West, &c. 

27 (31^) 



814 EARLY HISTORY OF SOUTH CAROLINA. 

1G84, April 29. Lords Proprietor to Sir Richard Kyrle, appoint. 

ing- him Governor. 
1684, April 10. Same to Got., Dcputjes & Grand Council. 
1684, June 25. Same to Sir Richard Kyrle. 
1084, Mai'. 4. Same to Lord Carterett. This and the preced- 
ing letter relate to the settlement of the Scotch in 

Carolina. 
1684, June 28. T. Colleton (dated St. James') to Sir Richard 

Kyrle, Governor at Charles Town. 
1684, June 9. Lords Prop'rs to the Gov'r of that part, &c. 
1684, March 25. [See Vol. 3, 1686-7, Mar. 3.] Letter from 

Stuart's Town on Po-rt Royal, signed " Cardross," Will. 

Dunlop, " Hamilton," & " Montgomerie," to the Gov'r, 

&c., at Charles Town. 

1684, July IT. [See Vol. 3, 1684, July 11 & 25.] Same signed 

" Cardrosse" only to Rob't Quary, Governor. 
1684-5, Jan 10. Same, (signed by all four.) 

1685, July 11. Will. Dunlo^p to . Also E.xam. & 

Depos. concerning Dr. Henry Woodward & his Associ- 
ates. Warrant from Col. John Godfrey, Pres. of the 
Council at Charles Town, for apprehending Lord Card- 
rosse, John Hamilton, &c. The Marshal's (Caleb 
Westbrooke's) Return, and Letter from Dr. H. Wood- 
ward to Col. Godfrey, Dep'y Gov'r. 

1685, Nov. 20. Declaration of twelve memljers of the Commons 
met in Parliam't Chamber at Charles Town, and excluded 
thence this 20 Nov. '85. 

1685, Oct. 6. Minute of Capt. Quarry's Protest against Bernard 
Schenkingh being High Sheriff of Berkeley County — at 
a Pallatine's Court at Charles Town. 

1685, Nov. IT. Warrant signed by Joseph Morton & five others 
to apprehend Ralph Izard, for having carried away a 
black bo.x belonging to Secretary Robert Quarry, con- 
taining Records of the Province. 

North Cakolixa, B. T. Vol. 2. 
Boundaries of the First & Second Patent. 

1663, May 23. Minute appointing Officers, & ordaining rules 
for the Government of Carolina, 

1663, Commission to Sir. W. Berkeley, to constitute & 

commissionate a Gov. for Albemarle River. 

1663, ?. Instructions for Sir W. Berkeley, Gov. of Virginia, in 
relation to the settling & planting some part of the Pro- 
vince of Carolina. 

1663, Sept. 8. Letter from [Duke of Alberaarie ?J dated from 
the "Cockepitt," to Sir W. Berkeley. 



APPENDIX. 315 

1GG3, Aun^nst 30. Same? dated " Cockepitt," to Col. Tho. 
Modyford & Peter Colleton, Esq, 

16C3, Aug. 31. Same to Lord Willoby. 

1663, Aug. 12. Proposals of several Gentlemen of Barbadoes; 
also letter from Col. Modyford & P. Colleton to " My 
Lord" [Albemarle?], advising that persons be ap- 
pointed with His L'ps Instructions to treat on the above 
Proposals, giving power to choose a Governor, Mayor, 
Aldermen, &c. &c.' — Answer to certain Demands & 
Proposals (as above) to the Lords Prop'rs of Carolina. 

1663, Sept. 9. Letter from [the Lords Prop'rs ?] to 

in answer to the Proposals of the 12th of August. 

1663, Aug. 12. Order in Council rx.'vokiug all former Grants, & 

granting aljsolutely the'Province of Carolina to the D. 
of Albemarle, &c., &c., &c. 

1664, Xov. 14. Commission appointing Rol)ert Samford, Secre- 

tary & Chief Register of the County of Clarendon. 

1654, i^ov. 20. Same appointing John Yassall, Surveyor Gen'll 
of same. 

1664-5, Jan. 11. Same — Sir J. Yeamans, Governor of Same. 

1664-5, Jan. 11. Lords Prop'rs to Sir J. Yeamans. 

1664-5, Jan. Y. Boundaries of Sir J. Yeamans' Governm't. 

166*7, October. Commission from the Lords Prop'rs to Sam. 
Stephens, Gov. of Albemarle, to Grant Lands, &c. 
" Instruccons for o'r Governor of ye County of Albe- 
marle," &c. — Commissions from the Lords Prop'rs to 
Sam. Stephens to grant Lands upon the same terms & 
conditions as in Yirginia. 

16'7l, Aug. 21. Commiss'n from the Lords Prop'rs to Sir John 
Yeamans to be Governor of all that Part of Carolina 
that lyes to the Southward & Westward of Cape 
Carteret. 

1671-2, Jan. 2d. The Lords Prop'rs to Capt. Halstead— have 
rec'd his Despatches — are well satisfied with his manage- 
ment of their affairs, and send further Instructions (10 
Articles). 

icn, Dec. 18. Lord Ashley's Deputation to Maurice Mat- 
thews, to rei)resent him in Carolina. 

1671, Dec. 30. Commiss'n appoint'g John Culpeper Surveyor 

General of Carolina to the South & West of Cape 
Carteret. 
1671-1686. List of Landgraves; also of Cassiques. Do. of 
Deputys. 

1672, June 2i. Commis'n appointing Joseph West "Register 

of all Wrightings & Contracts." 
1672, Aug. 31. Concessions of the Lords Prop'rs " to certain 
persons in Ireland," who plant in Carolina within one 
year of the date hereof. 



316 EARLY HISTORY OF SOUTH CAROLINA. 

' 16t4, Ap. 25. Commission to Jos. West, Governor, granting 
him power to grant lands and other powers and 
priviledges. 

IGH, May 18. The Lords Proprietrs. to, concern'g Mr. West, 
Sir John Yearaans, &c., &c., returns Acts of Parliaiti't 
made in the latter end of Sir J. Yeamans' GovernmH 
confirmed. 
'l674, ? " Instrnctions to Mr. Jos. West, o'r agent att Ashley 
River. " 

16T4, May 23. Instructions to the Gov. and Council at Ashley 
River, concern'g Andrew Percivall " Governor of o'r 
Plantacon in Loch Island." 
' Same date. Instructions to Andrew Percivall, Governor of the 
plantation to be settled on both sides Edisto or Ashipow 
River. 

1674, May 19. Lord Cornbury's appointmt. to Step. Bull, his 
Deputy. 

1674, Dec. 4. Commiss'n appoint'g John Richards Treasurer 
and Agent in Carolina. 

1G75, June 10. Commiss'n from Anthony, Earl of Shaftesbury, 
Chief Justice of Carolina, to And. Percivall, appointing 
him Register of Berkeley County, and the parts adjoining. 

1676, Ap. 17. Commis'n appoint'g WilL Saxby, Treasurer and 
Agent in Car. 

1676, June 13. Declaration of the Lds. Proprs. promis'g and 
agreeing to "sett out" one whole Collony of 12000 
English acres of land to Mr. John Berkeley, Mr, Simon 
Perkins, Mr. Anthony Laine, and Mr. John Pettitt, 
upon their landing in Carolina. 

1676, Oct. 21. Lds. Proprs. to Goveru't and Assembly of Albe- 
marle. 

1676, Nov. 21. Same, appointg. T. Eastchurch, Govr., &c., of 
same. 

1676, Nov. 21. Instructions to the Govr. and Council of same. 

1677, Ap. 10. Ld. Clarendon, appointg. Rich. Conant his 

Deputy of the Province of Asldey River. 
^ 1676-7, Jan. 29. The Lds. Proprs. to Major Aldrich. 
"'1677, Ap. 10. Lords Proprs. Proclamation forbidding any com- 
merce, trade, or traffic with the AVestoes and Cussatoes 

Indians. 
1677, Ap. 10. Lord Shaftesl)ury to Gov. and Council of Ashley 

River, concerning Dr. Henry Woodward. 
■ " Lord Shaftesbury appointg. Dr. Henry Woodward 

his Deputy of Ashley River. 
~ " Articles and agreement of the Lords Proprs. of Car., 

between themselves, concerng. the Trade there. 
" Lords Proprs. to the Gov. and Conn, at Ashley 

River. 



APPENDIX. 317 

IGGD-IGIT. Statement of ace. between the Lords Proprs. and 

Col. Jos. West. 
167t, Oct. 22. Warrant fr. the Lds. Proprs., authoris'g Mr. 

Bkxcklecch or the Commander of the " James" Frigate 

to trade with the Spaniards or Indians at Ashley 

lliver. « 

/ 1678-9, Feb. 19. Lds. Proprs. Coramiss'n authorising Robt. 

Holden to march with such men as he wills, into parts 

of Carolina not fully discovered, and appointing him 

Commander-in-chief of same. 
•^1079, May 19. Lds. Proprs. to Gov. and Council of Ashley 

River. 
1019, Dec. 17. Same to same. 

1680, May 17. Same to same. _ 

" Commission and instructions for the Comis'rs, (Col. 

Jos. West being one,) appointed to hear and determuie 

differences between the Christians and the Indians. 
1680, June 15. Commis'n appoint'g And. Pcrcivall Secretary. 
1G80-1, Feb. 21. Lords Proprs. to Gov. and Gov. and Coun. at 

Ashley River. 
" Instructions to And. Percivall, touching the making a 

Peace with the Indians. 
1680-1, Feb. 28. Instructions to Capt. Henry Wilkinson, 

Governor of that part of Carolina that lyes 5 

miles south of the river Peraptico, and from thence to 

Virginia. 
1680-1, Mar. 9. Instructions to And. Percival and Maur, 

Mathews, concerning trade with the Indians. 
1680-1, Mar. 7. Lords Proprs. to Gov. and Council at Ashley 

River. 
16*80-1, Mar. 26. Same to same. 
1680-1, May 2. Same to Captain Wilkinson. 
1680-1, Sept. Same, enjoining obedience to Seth Sothell, the 

oldest Ld. Propr. in Carol., and consequently Governor. 
1682, May 10. Lords Proprs. to the Govi"., Council and Par- 

liamt. of Carolina. 
Same date. Instructions for Maurice Mathews or the Surveyor- 
General of Carolina for the time being. Duplicate in 

Yol. I. 
1682, June 5. Lords Proprs. to [Jos. Morton, Govr. ?] 
1682, May 20. Same to Gov. and Counc. at Ashley River. 
1682, May 23. Copy of a pardon granted by the Lords Proprs. 

to Dr. Henry Woodward. 
1682, June 3. Lds. Proprs. to Gov. and Counc. at Ashley 

River. 
1682, June 7. Same. Warrant for land for Mr. John Ashley. 
1682, July 19, Same. Concerng. Mr. John Monke, who is 

desirous to settle in Carolina with his family. 

27='= 



SIS EARLY HISTORY OF SOUTH CAROLINA. 

1683, May 18. Wil Earl, of Craven, Pallatine of Carolina, His 
Commission to Jos. Morton, to be Governor, &c. 

1682, July 28. Duke of Albemarle, warrant, granting 1000 acres 

of laud and £50 to Mr. John Monke afores'd. 

1683, May 29. Warrant graut'g 800 acres of land to Mr. Francis 

Devowsery, for »having applied himself to ruaking wine 
and o'r usefull things in Carolina. — Similar to Arthur 
Midleton for oil and cotton. 

1683, Dec. 14. Minutes of a Meeting of Lords Proprietors. 

1694, June 16. Minutes of a Meeting of the Lords Proprs. 

1694, July 25.— Same. 

1694, July 28. Same. Also Aug. and Oct. 

1663-1666. Dr. and Cr. Account of the Lds. Proprs. 

1664, Dec. 28. A particular of Ordnance, Arms, Powder, and 

in order to the planting and settling Port Royall. Fees 
in passing the charter and duplicate of Carolina. 

1665, July. Fees in passing the lastpatteut for Carolina. 



North Carolina, B. T., Yol. 8. 

1682, Nov. 21. Warrant to Gov. Jos. Morton, to grant and 

convey land in Carolina, with form of grant and instruc- 
tions for granting same. 

" " Lds. Proprs. to Gov. Morton, touch'g the settlement 

of the Scots, and enclos'g a new Fund. Const, dated 17 
Aug., 1682. 

1682-3, Feb. 14. T. Biggs appointed Surveyor-General of 
Albemarle. 

1682-3, F3b. 15. John Monk appointed Muster Master in 
Carolina. 

1682-3, Mar. 1. Lds. Proprs. to Gov., &c., of Ashley River, 
3000 acres of land to be granted to John Gibbs, who is 
about to settle in Carolina. Duplicate, see Yol. L 

1682-3, June 21. Same, appoint'g John Moore Secretary of do. 

1682-3, July 4. Instructions for John Moore. 

16S2-3, Sept. 28. Lds. Proprs. to Gov. Morton, to convey land 
sold to R. Steevens and o'rs. 

1682-3, Nov. 6. Same to Seth Sothell. 

1682-3, Dec. 14. Minutes of a Meeting of Lords Proprs. 

1683, Sep. 29. See Yol. 1, 1683, Sep. 30. Instructions for 

John Moore, appointed Receiver and Escheator of all 
fines, &c. 
1683-4, Feb. 14. Lords Proprs. to [Gov. of Albemarle ?J 

1684, Ap. 29. Instructions for same. 

1634, June 3. Rob. Quary appoint'd Deputy to Thomas Amy; 
Col. Godfrey to the Duke of Albemarle ; John Moore 
to Sir P. Colleton. 



APPENDIX. 319 

1684, June 3. Lds. Proprs. to Sir R. Kyrle, 
1684, June 9. Lds. Proprs. to the Secretary. 
1684, June 3. llobt. Quarry appointed Clerk of the Crown and 

of the Peace. 
1684, July 11. Same to Govr. Kyrle and Deputys. 
1684, July 25. Same to same, graat'g 3000 acres to William 

Thorogood. 
1684, Oct. 25. Same to same, ditto to M. Charasse, "well 

skilled in druggs," &c. 

1684, Nov. 15. Same to same. 
1684-5, Feb. 16. Same to Gov. West. 

1684-5, Mar. 20. llobt. Quarry appointed Secretary and Re- 
ceiver-General, Sou. and West of Cape Fear. 

1684-5, Mar. 20. Lds. Proprs. to Step. Bull, Surveyor- 
General. 

1684-5, Mar. 13. Same to Gov. West. 

1684-5, Mar. 13. Instructions for Robt. Quarry, Receiver, &c. 

1684-5, Mar. 13. Same for same, Secretar3^ 

1684-5, Mar. 11. Commission to Jos. West, appoint'g him 
Govr., &c. 

1685, Ap. 14. Lds. Proprs. to Gov. West to convey 500 acres 

to J. Du Gue. 
1685, Ap. 17. Same to convey 500 to Isaac Le Jay. 
1685, Ap. 16. Same same Ch. Franchomine. 

1685, Ap. 14. Same to convey 350 acres to Isaac Fleury. 
1685, Ap. 22. Same to convey 3000 acres to Wil. Shaw. 
1685, May 5. Lds. Proprs. to Gov. West, alteration in his 

instruct's. 
1685, June 23. Lds. Proprs. to convey 100 acres to N. Lon- 

guemar, 
1685, June 26. King James to the Lds. Proprs. concern'g 

Carolina. 
1685, July 6. Lds. Proprs. to Gov. West. 
1685, July 30. Same to same, to convey 3000 acres of land to 

J. F. de Genillat, the first Swiss settler. 
1685, Sept. 9. Lds. Proprs. to Gov. Moreton. 
1685, Sept. 10. Same to same. 
1685, Sept. 26. Same to same, to pass grants to James Le Bas 

for 3000 acres of land. 
1685, Oct. 1. Same to same, for 1000 acres to And. Percival. 
1685, Oct. Commiss'n for Alex. Dunlop, to be Sheriff of Port 

Royall County. (Minute of same only.) — The Sur- 
veyor-General's oath. 
1685, Nov. 18. Lds. Proprs. to Gov. Moreton, to commissionate 

Alex. Dunlop, Sheriff of Port Royal Coun»y. 
1685-6, Jan. 26. Same to same, for 3000 acres to Arnald 

Bruneau. 
1685-6, Feb. 15. Lds. Proprs. to Governor Moreton. 



320 EARLY HISTORY OF SOUTH CAROLINA. 

1685-6, Mar. 2. Same to same, 1000 acres to Josias Forrest. 

1686, Apl. 15. Same to same, 200 acres to Jas. Nicholas. 

1086, A])!. 26. Same to same. 

1686, Apl. 29. Same to same, 500 acres to Chas. Colleton. 

1686, Aiif?. 31. Same to Gov. Colleton, 100 acres to Js. 
Le Grand. 

1686, Aug;. 31. Same to Gov. Colleton, 100 acres to Jas. 
Le Moyne. 

1686, Ang. 31. Lord Craven, Palatine of Carolina, his commis- 
sion appointing Jas. Colleton Govr. and Commander- 
in-chief. 

1686, Sept. 4. Lds. Proprs. to Gov, Colleton to pass grants for 
1000 acres of land to Henry Augustus and Alexander 
Thezde Cliastaigner, Seigneurs de Craraahe and Lisle. 

1686, Aug. 30. " Power to Trustees to lett land." 

1686, Aug. 30. Instructions for granting of land. 

1686, Sept. 16. Lds. Proprs. to Gov. Colleton, giving him power 
to remove Kobt. Quarry from his place of Secretary, if 
the reports of his misbehaviour are true. 

1686, Oct. 20. Same to same, to grant to John D'Arsens (the 
first of his nation,) any quantity of land not exceeding 
12,00 acres 

1686, Nov. 2. Lds. Proprs. to Gov. Colletop, 1000 acres to 
Maur. Mathews. 

1686, Dec. 7. Same to same. 3000 acres to Jas. Martell Gou- 
lard de Nervant. 

1686, Dec. t. Same to same. 12,000 acres to same. 

1686-7, Mar. 3. Instructions for James Colleton, Esq., one of 
the Landgraves and Governor of that part of Carolina 
that lyes South and West of Cai)e Fear. 

Same date. Lds. Proprs. to Governor Colleton (2). 

Same date. Same to Lord Cardross, toucli'g his Lordship's ill- 
usage in Carolina. 

Same date. An Act for restraining and punishing Privateers 
ratified in open Parliam't, 23 Nov., 1685, by Lds. P., 
3 Mar., '86-7. 

1687, May. Lds. Prop, to Gov. Colleton, 40,000 acres of land 

for John Price, created Landgrave. 
1687, July 13. Same to same. 626 acres to James Boyd. 
1687, July 14. Same to same. 3000 acres to Jean Louis de 

Gcnillat, and 3000 acres to Arnald Pruneau, to be 

granted rent free, being a free guift from the Lords 

Pro[)rs. 
1687, Ap. 11. Geo. Muschamp to Lds. Proprs. from Charles 

Town. 
1687, July 7. F. Povvis to same, on G. Muschamp's letter. 
1687, Oct. 10. Lds. Proprs. to Gov. Colleton. 600 acres to 

Joach. Guillard. — Opinion of, conccru'g Muschamp's 

Complaint 



APPENDIX. 821 

.168T, Oct. 10. Lcls. Proprs. to Gov. Colleton. Form of Oath 

to be taken by the Gov. of Carolina. 
1687, Oct. 11. Lds. Proprs. to Mr. Grimball, appointing him 

Secretary, Receiver and Escheator in Carolina. 
1687, Oct. lO. Instructions for Paul Grimliall, Secretary. 
1687, Oct. 10. Same for same, Receiver and Escheator. 
168'7, Oct. 10. Lds. Proprs. to Benjamin Blake, appointing him 

Clerk of the Crown and Clerk of the Peace. 
1687, Aug. 20. King James to Sir Robert Holmes, abt. Pirates, 
1687, Oct. 13. Same to Ld. Craven ? concern'g Pirates. 
1687, Oct. 22. Same, touch'g wrecks, moiety due to the King. 

1687, Nov. 25. Lds. Proprs. to Governor. 

1687-8, Jan. 22. King James, conc'g Sir R. Holmes, Com- 
miss'r for the suppression of Pirates and Privateers. 

1688, Ap. 12. Lds. Proprs. to Governor. 
1688, Ap. 16. Same to same. 

1688 June 19. Same. 12,000 acres to Dr. Christ. Dominick. 
1688, June 10. Privy Council to Ld. Craven to proclaim birth 

of a Prinoe. 
1688, July 4. Lds. Proprs. to Gov. Colleton, complains of not 

hearing from him. 
1688, July 4. Same to Sec. Grimball abt. same. 

1688, July 4. Same to Gov. Colleton. 

1688-9, Feb. 19. Privy Council to proclaim Wil. and Mary in 

Carolina. 
1688-9, Feb. 19. Oaths to be taken instead of oaths of allcg. 

and supremacy. 
1688-9, Mar. 1. Lds. Proprs. to Gov., enclos'g tlie above. 
1688-9, Mar. 15. Same. 400 acres to Thomas Smith. 

1689, Not. 20. Same. 500 acres to John Stewart, a free guift 

for promoting cotton, silk, &c. 

1689, Nov. 19. Lds. Proprs. power to Gov. &c. to grant lands. 

1689, Dec. 5. Same, appoint'g Col. Philipp Ludwell, Governor 
of Carolina, North and East of Cape Fear. 

1689, Dec. 5. Instructions for Gov. Ludwell. 

1689, Dec. 2. Lds. Proprs. to Scth Sothell, suspend'g him from 
the govern't. 

1689, Dec. 2. Same to Gov. Jas. Colleton. 

1689, Nov. 19. Same, appoint'g John Bercsford Clerk of the 
Crown and Clerk of the Peace. 

1689, Dec. 9. Lds. Proprs. to Gov., to assign 12,000 acres 
granted to John d'Arsens to Thos. Smith, who has mar- 
ried his widow. 

1689, Dec. 23. Same. 140 acres to Elias Prioleau. 

1089, Dee. 23. Same, concern'g land granted to James le Bas, 
and purchased from Ijaudgrave Joseph West. 

1690, Sept. 23. Same, touch'g land granted to R. Stevens and 

B. le Roux. 

V 



322 EARLY HISTORY OF SOUTH CAROLINA. 

1G90, Oct. 6. Same to P. Griraball, Receiver. 

1690, Oct. 6. Same, appoint'g Thos. Smith, Governor and 

Coraander-in-Chief of Carolina, So. and West of Cape 

Fear. 
1600, Oct. 18. Lds. Proprs. to And. Percivall. 
1690, Oct. 18. Same to Gov. and I)e]nitys at Aslilcy River. 

1690, Oct. 18, L'ds Prop'rs to Jas. Colleton, Paul GVimball, and 

the rest of our Trustees, for fi;ranting Land. 

1691, INlay 1.3. Same to the Grand Council. 

1691, May 13. Same to Landgrave Jiis. Colleton, Thos. Smith, 

Stephen Bull, Ralph Izzard & John Parr. 
1691, May 13. Same to Governor & Deputys , appoint'g a 

Sheriff & Justices for Berkley County. 
1691, May 13. Same to John Comings, appoint'g him Deputy. 
1691, May 13. Same, appoint'g Bernard Skenking, Sheriff or 

Chief Judge of Berkley County. 
1691, May 12. Same to Deputys So. & West of Cape Fear. 
1691, May 13. Same to Seth SothcU, Jas. Colleton, Thos. 

Smith & Bern. Skenking, touch'g the Cherokees. 
1691, May 12. L'ds Prop'rs to Gov. Seth Sotliell ; pleased to 

find by his letters of 21st Oct. that he will submit to 

their Ldps. Instruc. for tlie Govern't. 
1691, May 13. Same to same, touching the Records, &c. 
1691, May 13. Same to the Gnxnd Council. 
1691, May 27. Same to the Gov., Deputys, &c., touching the 

Act, (22 Dec. 1690,) to disable Jas. Colleton "from 

bearing or exercising any authority. Civil or IMilitary, 

&c. 
1691, May 21. Same to same, displacing & removing George 

Muschamp, JoJm Berresford & John Harris from being 

Deputys. 
1691, May 27. Same to same, altering Instructions touching 

the appoint't of Deputys. 
1691, May 27. Same, appoint'g R. Conant Clerk of the Crown 

& Peace. 
1691, May 27. Same to Gov. Sothell & Deputys, &c., disallow- 
ing the Act touch'g Jas. Colleton. 
1691, Sept. 22. Same to same, disallow'g Acts passed by 

Sothell, &c., &c. 
1691, Nov. 8. Instructions for Col. Philipp Ludwcll, Governor 

of Carolina. 
1691, Nov. 8, Commission appoint'g Col. P. Ludwell, Governor. 
1691, Nov. 8, Private Instructions for Col. Ludwell. 
1691, Nov. 8. L'ds Prop'rs to Seth Sotliell, suspemling him 

from the Gov't of Carolina, & CoTiland'g him to yield 

due oljedience to Col. Ludwell, appoint'd Governor. 
1691, Nov. 8. Additional InstrucTions to Col. Ludwell. 
1691, Nov, 8. L'ds Prop'rs graat'g 3U0 Acres to James Jones. 



APPENDIX. 323 

1691, Nov. 8. Same to the Trustees for land, ab't the purchase 

of land. 
1691, Nov. 8. Same. Proclamation ag't Scth Sotliell, &c. 
1691, Nov. 2. Commission (from Lord Craven alone) appoint'g 

Col. Ludwell Gov'r. (The CoiSis'u dated the 8th is 

from all the L'ds Prop'rs.) 
1G92-3, Feb. 6. L'ds Prop'rs — Power & Authority to the Gov. 

to grant Lands, with Rules & Instructions for granting 

of Land. 
1693, Ap'l 7. Ld's Prop'rs to Gov. Ludwell. 
1693, Ap'l 1. Same to same, disallowing an Act to provide 

indifferent Jurymen in all causes, Civil & Criminal. 
1693, Ap'l 12. Same. Pardon & Release, &c., to all the Inhab. 

of Carol, for all Crimes Sc Offences committed before 

Col. Ludlow, Comis'n for Governor. 
1693, Ap'l 12. Same, appoint'g Thos. Smith, Sheriff or Chief 

Judge of Berkley County. 
1693, Ap'l 10. L'ds Prop'rs, disallowing An Act to regulate 

the elections of Members of Assemljly. 
1693, Ap'l 10. Same. Order concerning the Estates of Aliens. 
1693, Ap'l 10. Same — empower'g Gov. Ludwell to appoint 

Sheriffs or Chief Judges of Counties. 
1693, Ap'l 12. Lords Prop'rs to Gov. Ludwell. 
1693, Ap'l 10. Same to Deputys & Council. 
1693, Ap'l 12. Same to Paul Grimball. 
1693, Ap'l 12. Same to Mr. Trouillard, Minister, Si others, 

touch'g their compl'ts ab't the forfeiture of Aliens' 

Estates. 
1691. Accounts of land sold, to whom, &c. &c. 
169T, Sept. 29. Copy of Mr. Amy's Grant of Mr. Sothell's 

Proprietorship. Copy of an Instrument sent to Col. 

Blake, Governor of Carolina, for him to sign & seal, 

relating to Mr. Amy's Grant foj a Proprietorship. 
1698, Ap'l 11. The Fundamental Constitutions of Carolina, 

agreed on by all the Lords Prop'rs, & signed & sealed 

by them. (the Original being sent to Carolina by 

Major Darnel.) [These were the 5th and last, and 

contain 41 articles.] 

The Form of a Patent for Landgrave. 
N. B. At the end of this Volume is written the fol'g : 
" The first payment of the rent for the Province of Carolina is 
to begin the feast of All Saints, 1665, and is twenty markes per 
annum." 
1682 & 1685. Accounts of L'd Prop'rs. 



324: EARLY HISTORY OF SOUTH CAROLINA. 



No. Carolina, B. T., Yol. 4. 

1G93, May 11. L'ds Prop'rs Proclamation couc'g Setli Sothell. 

1693, May 11. Same to Gov. Ludwoll. 

1693, Nov. 29. Instructions for Thos. Smith, Gov'r of Carolina. 

1693, Nov. 29. Commission to Thomas Smith, appoint'g him 

Governor & Commander in Chief of Carolina. 

1693, Nov. 30. Additional Instructions to Gov. Smith. 

1693, Nov. 29. Coiuis'n for Gov. Smith to appoint Chief 

Judges, &c. 

1693, Nov. 29. L'ds Prop'rs to Gov. Smith. (2) 

1694, Ap'l 24.. Same to Gov. Smith. 
1694, Ap'l 24. Same to same & Deputys. 
1694, Ap'l 26. Same to Col. Ludwell. 
1694, Ap'l 27. Same to Gov. & Deputys. 
1694, May 19. Same to Gov. Smith. 

1694, Aug. 31. Commission appoint'g John Archdale, Esq., 
" Governor of South & North Carolina." 

L'ds Prop'rs appoint'g Ferdinando Gorges, Attorney 
General of Carolina. 

1694, Aug. 31. L'ds Prop'rs to Gov. Smith & Deputys. This 
is the last letter addressed to Smith as Governor, & 
informs him that Archdale is about to leave England. 

1694, Aug. 31. Instructions to Gov. Archdale. 

1694, Oct. 17. L'ds Prop'rs to Landgrave Jas. Colleton, touch- 
ing the payment of salary due to him. 

1694, Oct. 17. Further Instructions for Gov. Archdale. 

1694, Oct. 17. L'ds Prop'rs to Gov. Archdale. 12,000 acres 
for Thos Amy. 

1694, Oct. 17. Same to same — 6000 Acres to Gab. Odingsells 
& Comp'y. 

1694, Nov. 24. Patent for Landgrave granted John Archdale. 

1694, Oct. 17. Lds. Prop'rs to P. Grimball to pay John Arch- 
dale, Governor, his Salary of £200 pr. ann. half yearly. 

1694, Dec. 27. Same to Gov. 3000 acres to James Boyd. 
1694-5, Jan. 10. Same to Gov. Archdale. 

1695, Mar. 27. Same to same. 
1695, April 12. Same to P. Grimball. 
1695, June 28. Same to Col. P. Ludwell. 
1695, June 28. Same to Gov. Archdale. 

1695, June 28. Same to Paul Grimball. 

3 695, Aug. 23. Same to Gov. Archdale. 
1695-6, Jan. 29. Same to same. 

1696, Ap'l 23. Same to same, enclos'g let. from the Lords of 

Council for publishing in Carolina "An Act for pre- 
venting frauds, and regulat'g abuses iu the Plan-t'g 
Trade!" 



APPENDIX. 325 

1696, June lY. , Lords Prop'rs to Gov. Archdale. 

1696, Sept. 10 Same to same. 

1697, Ap'I 25. Same to same. * 
1697, Ap'l 25. Same to Gov. Blake. 

169T, Aug. 30. Same to same. 

1697, Dec. 20. Same to same. 

1697, Dec. 20. Same to same, Deputys & Council. 

1697, Dec. 22. Same to same, concern'g Boundary. 

1697-8, Feb. 5. Same — Commission for Nicholas Trott to be 
Attorney General for South Carolina. 

1697-8, Mar. 8. Instructions for N. Trott, Attorney General do. 

1697-8, Mar. 8. L'ds Prop'rs to Thomas Cary, Receiver Gene- 
ral of So. Carolina, to pay £40 p'r ann. Salary to N. 
Trott. 

1697-8, Feb. 5. L'ds Prop'rs to N. Trott, appointing him Naval 
Officer of So. Carolina. 

1697-8, Mar. 8. Instructions for N. Trott, Naval Officer of So. 
Car. 

1697-8, Mar. 8. Lords Prop'rs to Gov. Blake. 

1697-8, Mar. 8. Same, appointing the Bev'd Samuel Marshall 
" Register of all Births, Marriages & Burialls in So. Car." 

1698, Apl. 1. Lords Prop'rs to Edmund Bellinger, appointing 

him Surveyor General of So. Carolina. 
1697-8, March 21. Lords of H. M. Council to the Lords Prop'rs 

of Carolina, concern'g complaints of Pirates, &c. 
1698, Apl. 11. Lords Prop'rs to Gov. Blake. 
1698, Apl. 11. Same to same, Deputys & Council. 
1698, Apl. 11. Same, confirming " an Act for mak'g aliens free, 

&c." 
1698, Apl. 11. Copy of a Landgrave's Patent — six whereof were 

engrossed and sent (Blanks) to Carolina with Eight 

Patents for Cassiques by Major Daniel. 
1698, May 22. L'ds Prop'rs, Commission appoint'g Edm'd 

Bohun Chief Justice or Judge of South Carolina. 
1698, June 2. L'ds Prop'rs to Thos. Cary, Receiver to pay to 

Ed. Bohun, Chief Justice, £60 pr ann.. Salary. 
1698, Aug. 16. L'd Prop'rs to Gov. Blake, Deputys & Council. 
1698, Aug. 16. Same to Gov. Blake. 
1698, Aug. 16. Same, appointing Gov. Blake & o'rs to inspect 

the accounts of Thos. Cary & James More, (Receivers). 
1698, July 26. Lords Prop'rs appoin'g John Ely, Receiver Gen'l 

of So. Car. 
1698, Aug. 16. Instructions for John Ely, Receiver General. 
1698, May 7. Capt. Edmund Bellinger, had a patent for Laud- 
grave granted him for w'ch he is to pay £100. 
1698, Aug. 16. The like to John Bayly on similar terms. 
1698, Sept. 28. Mr. Amy to James More, Secretary. 

28 



326 EARLY HISTORY OF SOUTH CAROLINA. 

1698, Nov. 13. Ja. Vernon to the Lords Prop'rs enclosing the 

King's Orders and Instructions, relating to Trade and 
* Navigation. 

1G98-9, Feb. 23. Lds. Proprs. to Gov. Blake, &e., enclosg. the 

above Orders, &c. 
1G99, Sept. 21. Lds. Proprs. to Gov. Blake, Deputvs and 

Council. 

1699, Sept. 21. Same to Ed. Bohun, Chief Judge of Carolina. 
1699, Sept. 21. Same to John Ely, Receiver- General. 

1699, Oct. 19. Same to Gov. Blake. 

1699, Oct. 19. Same to N. Trott, Attorney-General. 

1699, Oct. 19. Same to John Ely, Receiver-General. 

1699, Dec. 20. Same to Gov. Blake and others. 

1699, D'CC. 20. Same to Gov. Blake, Deputys and Council. 

Carolina, (Am. and W. Ind., 479.) 

&f 1628-9, March 19. Curious Paper in Latin, concern'g the first 
* (?) Settlement of Carolina, conditions of same, &c. 

1628-9, March 19. Ditto in French, touching the Settlement in 

Carolina of French Protestants. 
1628-9, ? Mar. 11. "Articles demandte a Monsieur I'Atourne- 
General par le Baron de Sance." 

1629, Oct. 11. Propositions touchant une Plaivtation et Colonic 

de 2000 hommes en Floride, &c., q. ? Carolina. 
1629-30, Feb. 10. Very interesting Document ; the Attorney- 
General is prayed to grant by Patent 2 Degrees in 
Carolina, &c. 

1630, May 15. Articles of Agreement between Rt. Hon. George 

Lord Berkley and Wil. Boswell, Sam. Vassall, Hugh 
L'Amy and Peter de Liques, concern'g Plantations 
within the Province of Carolina. 

1632, Apl. 20. Instructions to be observed in the Plantation of 
Carolina. 

1635, April. Petition to the King from P. D. L. and Proposi- 
tions, &c., to disburden a Kingdom of all poor and 
enrich itself by a powerful Trade, by a plentiful Colony, 
(? Carolina). 

1635, May 11. Sir Henry Martens' Reports to the Lords con- 
cern'g. Mr. Kingswell, a settler in Carolina, the bad 
provisions supplied, &c., &c. 

1635, May 11. Petition of Ed. Kingswell, concern'g the breaking 
of a contract to transport himself and family to Caro- 
lina, &c. 

Charles I. ? A project for the advancing of the intended Planta- 
tion (this is taken to be Carolina.) 

Charles I. ? Minutes of the Articles which M. de Sanc($ wishes 
inserted iu his Patent (French'). 



APPENDIX. 327 

Charles I. ? Conditions offered to those ^vho " goe to dwell in 

Carolina." 
Charles I. ? " Articles concedez et accordez par Monsieur 

I'Atorue-General a Mons. le Baron de Sance. " 
Charles I. ? " Memoyre de ce que nous esperons mener de 

premier voyage a la Carolina," &e. 
Charles 1. ? "A particular of such necessaries as either private 

families or single persons shall have cause to provide to 

goe to Carolina." 



South Carolina. (Am. and W. Ind., 491.) 

1699, June 10. Gov. Jos. Blake and Jos. Morton to Sec. 
Vernon. 

1699, July 24. 'Gov. Blake to Secretary Vernon. [K B. This 
letter was taken out of the water from the wreck of a 
ship which was lost with all her men in Sept. 1699, and 
enclosed by Sidney Bligh to Secretary Vernon.] 

1699, 1700, Jan. 12. Gov. Blake to Secretary Vernon. 

1700, May 27. Ed. Randolph to same. 
1700, June 10. Gov. Blake to same. 

1700, June 10. Same to Secretary, the Earl of Jersey. 



Plantation- General. (Am. and AV. Ind., 485). 

1580 about. " Pointes sett downe by the Comittees appointed in 
the behalfe of the Companie to conferre w'th Mr. Carleill 
upon his intended discoverie and attempte in the Northern 
partes of America." 

1580, about. "The Generall description of America or the 'New 
World." 

1634 Apl. 28. "A Commission for ye makeing Lawes Orders 
for Goverment of English Colonies planted in Forraigne 
Parts." 

1657, July 25. Memorial of Rene Augier, praying the Grant of 
a Patent, to settle with French Protestants near one of 
the Colonies. 

1670-1, Mar. 20. The King to the Attorney-General for enlarg- 
ing the Council of Plantations. 

1680, May 19. Copy of Mr. Blathwayt's Patent to be Surveyor 
and Auditor of the Plantations. 

1680, Nov. 3. Order in Council. Governors of Plantations not 
to return home without leave in Council. 

1684 ? " Certaine Propositions for the better accomodating the 
Forreigne Plantations with Servants." 



328 EARLY HISTORY OF SOUTH CAROLINA. 



Proprieties. B. T., Yol. 1. 

1696, Nov. 5. Order in Council upon a Petition of the Lds. 
Prop'rs of Carolina, &c., &c., relating to the Represen- 
tation of the Council of Trade for appointing Attorneys- 
General in the Plantations. 

1696, Nov. 10. Presentment from the Coiu'rs of Customs to the 
Treasury upon a Memorial of Mr. Randolph concerning 
Illegal Trade in the Proprieties. 

1696, Dec. 4. Attorney-General's Opinion about erecting Courts 
of Admiralty in the Proprieties. 

1696, Dec. 4. Memorial of the Lds. Proprs. relating to same. 

1696-7, Jan. 21. Ditto. 



Proprieties. Vol. 2 

1697-8, Feb. 16. List of OfBcers in the Court of Admir'ty, So. 
Car. 

Proprieties. Yol. 3. 

1698-9, Mar. 1. Letter fr. James Moore to touching 

his discoveries of Indian Trade, &c., in Carolina. 

1698-9 Mar. 22. E. Randolph, to Earl of Bridgewater relating 
to silver mines in South Carolina — also letter & Me- 
morial from T. Cutler, ab't same. 

1698-9, Mar. 16. E. Randolph to Lords of Trade, relating to 
the Inhabitants, &c., of So. Carolina. 

1698-9, Mar. 16. Number of the'Prench Protestant Refugees of 
the French Church of Charlestown. 

1699, July 31. W. Thornburgh to Wm. W. Popple— ab't Caro- 
lina Rice. 

Proprieties. Yol. 4. 

1699, Sept. 27. John Smith to W. Popple, ab't silver mines in 

Car. 
1699, Oct. 11. R. Yard— ab't Dr. Coxe's pretensions to " Caro- 

lana." 
1699, Nov. 13. J. Yernon to L'ds of Trade, enclos'g Dr. Coxe's 

Petition touching his pretensions to " Carolana Florida," 

also, " Abstract of his Title to the present Projirietary 

unto ye Province of Carolana, alias Florida." 

" Demonstration of the just pretensions of the King 

of England, unto Carolana & of the present Proprietary 

under His Majesty." 



APPENDIX. 829 

1699, Nov. 13. "Account of the Commodities of the growth & 
production of Ditto." 

" Copy of King Chas. I., Grant of Carolana alias 
Florida to Sir Ch. Heath." 

1699, Nov. 24. B. Durzy to W. Popple, ab't appoin't of Gover- 
nors, &c. Petition of the Marquis de la Mucc & Chas. 
de Sailly, French Protestant Refugees to settle in 
Carolina. 

1699, Dec. 12. Attorney General's opinion on Dr. Coxe's pre- 
tensions. 

1699, Dec. 21. Order in Council about same. 

1699-1700, Jan. 8. Dan. Coxe to Lords of Trade, ab't sctt'g & 

Carolana. 
1699-nOO Feb. 14. Same. Same. 

Proprieties. Vox. 5. 

ITOO, May 13. Earl of Jersey, concern'g & enclos'g Petition'g 
of several Merchants about the seizure, tryal & Con- 
demnation of a Ship in Carolina, (So.) 

nOO, May 16. E. Randolph to W. Popple. 

1700, May 27. Same to Same. 

Account of moneys due to the King for his thirds of 
seizures in So. Carolina. 

Abstract of E. Randolph's Paper, ab't the mal-ad- 
ministration of Governors in the Proprietary of Carolina, 
(also, all the other Prop'rs.) 

Journals. B. T., Vol. 2. 

1678-9, Feb. 10. Min. touch'g the pet. of Ren^ Petit ab't 
Foreign Protestants being transported to Carolina. 

1678-9, Mar. 4. Min. request'g opinion of Com'rs of Customs 
therein. 

Vol. 3. 

1679, May 22. Report upon the above. 

1679, Oct. 29. R. Petit's Petition read in Council & granted. 
1679-80, Feb. 8. Min. Touch'g the late Rebellion & the seizure 

of n. M. Customs by John Culpeper. 
1679-80, Feb. 19. Min. concern'g the above. 

1680, July 19. Same. 

Vol. 6. 

168<tr Aug. 12. Min. touch'g Mr. Muschamp's complaint of 
Illegal Trade. 



28 



* 



330 EARLY HISTORY OF SOUTH CAROLINA. 

IGST, Oct. 25. Mill, toucli'g Mr. Muscliamp's complaint of 

Illegal Trade. 
1688, Aug. 16. Mill, toucli'g Capt. Spragg's Complaints of 

Illegal proceedings of the Governor. 
1G89, May 16. Min. ab't the expediency of bring'g the Prop'rs 

of Maryland, Pennsylvania & Carolina under a nearer 

dependance on the Crown. 

Vol. 9. 

1696, 'Nov. 16. Concern'g the settlement of Att'ys. Gen. in the 

Plantations. 
1696, Dec. 7. About erecting Courts of Admiralty. 
1696, Dec. 14. Same. 

YOL. 11. 

1698, June. Touch'g George Harris' Complaint of damages 

received in Carolina upon pretence of his being a 
Foreigner 

ToL. 12. 

1699, July 3. Min. ab't the present Gov. not being approved 

Ijy the King. 

1699, Sept. 27. Touching the discovery of Silver Mines. 

1699, Oct. 12, to 1700, Feb. 16. Concern'g Dr. Coxe's Pre- 
tensions to Carolana Florida. (See also. Proprieties, 
Vol. 4.) 

1699, Dec. 12. Concern'g the settlement of a new trade with 
some Western Indians from Carolina. 



The hco following letters are copied from Chalmers' Pol. Ann. 
The Lords Proprietors to Sir Wm. Berkeley. 

Cockpit, 8 Sept., 1663. 

" Sir, 

" Since you left us we have endeavoured to procure, and have 
at length obtained, his majesty's charter for the province of 
Carolina : A copy of which we do herewith send you. Since the 
sealing whereof there hath started a title, under a patent granted 
in the 5 year of King Charles I. to Sir llobert Heath, under 
which there hath been a claim by the duke of Norfolk's agents, 
and another by Sir Pvichard Greenfield's heirs ; but that all those 
that shall plant notwithstanding that patent are, by an act of 
king and council, secured, and that patent by king and council 
made null, and ordered to be made so by the king's attorney in 



APPEXDIX. 331 

the courts of law ; a copy of which order we herewith setul you, 
so that no person need scruple planting under our patent : Besides, 
we have many more advantages than is in the other to encourage 
the undertakers. We are informed, that there are some people 
settled on the north-east part of the river Chowan, and that others 
have inclinations to plant there, as also the larboard side, entering 
of the same river ; so that we hold it convenient that a govern- 
ment be forthwith appointed for that colony ; And for that end 
we have, by Captain Whittey, sent you a power to constitute one 
or two governors and councils, and other officers ; unto which 
power we refer ourselves, we having only reserved the nomination 
of a surveyor and secretai'y, as officers that will be fit to take care 
of your and our interests ; the one by faithfully laying out all 
lauds, the other by justly recording the same. We do likewise 
send you proposals, to all that will plant, which we prepared upon 
receipt of a paper from persons that desired to settle near Cape 
Fear, in which our considerations are as low as it is possible for 
us to descend. This was not intended for your meridian, where 
we hope to find more facile people, who, by your interest, may 
settle upon better terms for us, which we leave to your manage- 
ment, with our opinion that you grant as much as is possible, 
rather than deter any from planting there. By our instructions 
and proposals you will see what proportions of land we intend for 
each master and servant, and in what manner to he allowed ; but 
we understand that the people that are there have bought great 
tracts of land from the Indians, which, if they shall enjoy, will 
weaken the plantation : first, because those persons will probably 
keep all those lands to themselves, and so make the neighborhood 
of others remote from their assistance, in case of danger : secondly, 
if any new comers would settle near their habitations, they will 
not, peradventure, admit it without purchasing, and possibly upon 
hard terms, which will discourage people from planting : Where- 
fore it is our resolution and desire that you persuade or compel 
those persons to be satisfied with such proportions as we allot to 
others, which will be more than any such number of men, to and 
for whom these proportions are to be given, can manage, and 
therefore enough ; more will but scatter the people, and render 
them liable to be easily destroyed by any enemy ; so that the fixing 
the way that our instructions mention, will be the best course of 
settling as we conceive : However, we do leave it to you that are 
on the place and can best judge. The reason of giving you power 
to settle two governors, that is, of either side of the river one, is, 
because some persons that are for liberty of conscience may desire 
a governor of their own proposing, which those on the other side 
of the river may not so vrell like, and our desire being to encourage 
those people to plant abroad, and to stock well those parts with 
planters incite us to comply always with all sorts of persons, as 
far as possibly we can. You will be best able to judge when you 



332 EARLY HISTORY OF SOUTH CAROLINA. 

heai' all parties, and therefore refer the thing wholly to you. The 
entrance into Chowan river is difficult, and water but for small 
A^essels. But we understand that there is an entrance, bold and 
deep water in the latitude of 34, which is near the rivers called 
the Neus and Peralico, which we conceive may be best discovered 
from your parts. In order to which we desire you to procure at 
freight or otherwise, some small vessel, that draws little water, to 
make that discovery and some others into the Sound, through 
which great ships may, peradventure, come to Chowan, and give 
us admittance into the other brave rivers that lie in the Sound ; 
and, whilst they are abroad they may look into Charles river, a 
very little to the southward of Cape Fear, and give us an. account 
of what is there. This work we hold necessary to be done, that 
the king may see we sleep not with his grant, but are promoting 
his service, and his subjects, profit. By Captain Whittey's rela- 
tion, you may easily pass by land and river from your government 
to Chowan river, and ride but twenty-five miles by land, which 
makes us presume earnestly to entreat you to make a journey 
thither, whereby you may, upon your own knowledge, give us 
your opinion of it, and direct such discoveries to be made by that 
river as you shall see fit. 

We remain, &c." 



The Proprietors to the Governor and Council at Ashley 

River. 

"Whitehall, 8 May, 16t4. 
" Gentlemen : 

" We have herewith sent a patent to Mr. West to be landgrave, 
and a commission to be governor, who has all along, by his care, 
fidelity, and prudence, in the management of our affairs to our 
general satisfaction, recommended himself to us as the fittest man 
there for this trust. This we cannot forbear plainly to say, though 
we have a great regard to Sir John Yeamans, as a considerable 
man that hath come and settled amongst us. When Mr. West 
had formerly the management of affairs, things were then put into 
such a posture (as appears by the act of parliament made at the 
latter end of his government, which we herewith send you con- 
firmed). Then we had some encouragement to send supplies to 
men who took into consideration how we might be reimbursed as 
well as they could, which was all we expected : But immediately 
with Sir John Yeamans' assuming the government the face of 
things altered. The first news was of several proposals for the 
increasing of our charge ; the same hath ever since continued on, 
and in our very last dispatches a scheme sent to us of ways of 
supplying you, which would presently require the disbursement of 
several thousand pounds ; and all this without the least mentiou 



APPENDIX. 33o 

of any thonght how we might be repaid either our past debts, 
which ah'eady amount to several thousand pounds, or be better 
answered for the future : But, instead thereof, compLaints made 
and reproaches insinuated, as if we had dealt ill or unjustly by 
you, because we would not continue to feed and clothe you without 
expectation or demand of any return. This, we must let you 
know, put a stop to your supplies more than the Dutch war : 
For we thought it time to give over a charge which was like to 
have no end, and the country was not worth the having at that 
rate : For it must be a bad soil that will not maintain industrious 
people, or we must be very silly that would maintain the idle, 
lint we have no suspicion at all of the barrenness or any bad 
qualities of the country, which some of us are so well assured of, 
that at their own private charge they are going to settle a planta- 
tion at Edisto, without expecting a farthing assistance from us. 
That Sir John Yeamans's management has brought things to this 
pass, we are well satisfied, which yet we cannot charge upon his 
mistake ; the character we have received of him, and his long 
acquaintance with Barbadoes and the world, give us other thoughts 
of him ; and perhaps it would very well have served his purpose 
if we had supplied you, and he had reaped the profits of your 
labour at his own rates, and our own plantation been so ordered, 
that in reputation, })cople and improvement, it might arrive at no 
other pitch than to be subservient, in provisions and timber, to 
the interest of Barbadoes. Considering at what rates Sir John 
bought your poor planters provisions in their necessity, and how 
industrious and useful to you the generality of the people that 
came from Barbadoes have been, and then tell us whether we have 
not reason to be of this mind : For we would not have those that 
went from hence (whom we are still willing to encourage) be any 
longer misled ; and the people that have come to you from New 
York and the northward, have, by their planting and way of 
living amongst you, fully satisfied us that they are friends to, and 
do in earnest mean and desire the settlement and ))rosperity of 
our province. Being therefore willing to give all reasonable 
encouragement to honest and industrious men, we have sent 
another supply for clothes and tools, and have entered into an 
engagement one to another to send one yearly to you, whereby 
our stores shall never want necessaries for the use of the indus- 
trious planter, to be had at moderate rates by those that will pay 
for them : Yet we do not intend any more carelessly to throw 
away our stock and charges upon the idle : For, though we, the 
lords proprietors, have tied one another by covenant, that none 
shall be behind other in the charge of carrying on this plantation, 
yet we are all agreed not to make any more desperate debts 
amongst you, though we intend to be at the charge of procuring 
vines, olives, or any other useful plants or commodities fit for your 
climate out of any part of the world, and men skilled in the 



oo-Jr EARLY HISTORY OF SOUTH CAROLINA. 

manai^emcnt of them. And therefore, if you intend to liave sup- 
plies for tlie future, you will do well to consider how you are to pay 
us, in what commodities you can best do it, and how the trade of 
those commodities you can produce may be so managed as to turn 
to account : For, in our trade with you, we aim not at the profit 
of merchants, but the encouragement of landlords. In your letter 
you have l^een frequent in the mention of a stock of cattle ; Init, 
not having paid us for tools and clothes, how do you think that 
we should be at so far a greater charge in cattle ? You say it 
will enable you to pay your debts ; but do you not think, if wc 
bring cattle thither, we, who do not want ground, can keep them, 
and make the profit of our charge, and venture as well as others, 
especially it being our design to have planters there and not 
graziers ! For if our inclinations were to stock Carolina at that 
rate, we could do better by bailiffs and servants of our own, who 
would be more observant of our orders than you have been ; plant 
in towns where we directed ; take up no more land than what they 
had use for ; nor by a scattered settlement, and large tracts of 
land taken up, not like to be planted these many years, exclude 
others from coming near them ; and yet complain for want of 
neighbors. We rest your very affectionate friends, 

" Craven, Shaftesbury, G. Carteret." 



Some interesting manuscripts intended for insertion in this 
appendix, are omitted on account of their length. Among them 
is a copy of the Fundamental Constitutions bearing date 2li<t 
July, 1669. The original in the Charleston Library is said to 
be (but, I think, without good reason,) in the handwriting of Mr. 
Locke. I consider it, however, a transcript of the Constitutions 
sent out with Governor Saylc. Among other distinctions it is 
without the clause relating to the introduction of worship accord- 
ing to the Church of England. This is the true '-'First Set." 
That in the Statutes at Large, in Locke's Works, and in Carroll's 
Hist. Collections is the Second Set, and bears date March Lst, 
1669-tO. Judge Trott in the Introduction to his Laws, has 
made the same mistake ; the first set having been repudiated by 
the Proprietors, and those of March, 1670, published and pro- 
mulgated in their stead. To those readers who would refer to the 
Hist. Collections to examine these constitutions, I would say, that 
by some accident an important sentence is omitted in § LIIL, 
showing who might dispose of the public money. 

In an old Book of Wills in the Ordinary's Office, Charleston, 
labelled 1692-1699, there is an odd leaf of some other volume 
bound with the wills and numbered page YY. This leaf contains 
the original signatures to the following : " We whose names are 
hereunto subscribed, doe promise to beare faith and true allegiance 
to our soveraigne Lord, King James the Second, his heires and 



APPENDIX. 335 

successors, and fidclitie and submission to the Lords Proprietors 
and the forme of government by them established by their Funda- 
mental! Constitutions. 1685, Oct. 6. Joseph Morton, John 
Godfrey, Robert Quarry, Paul Grimball, Ste. Bull, John Stan, 
Will. Dunlop. Nov. 19. Joseph Morton. Oct. 6. Barnard 
Schenking, Hunrphrey Primatt, Richard Conant, Richard Baker, 
Jos. Oldys, William Popell, Dugue, Bacon, [or Bacot,] Ant. 
Sompoituint, D. Trezevaut, P. Dutartre, Rene Razeau, Jno. 
Alexander, Jo. Hamilton. Oct. 12. James Gilbertson. Oct. 13. 
Phin. Roger, J. Fleur. Oct. 31. Adam Caslio, Pvoyer, Gjies 
Russell, Jose})h Blake, William Bower, William Yeler. Nov. IG. 
Peter M. Moulin. 168G, May G. Wra. Brocktur. 

Although there is sufficient sj)ace for other signatures, yet it 
proves the preference of some of the people for the first set of 
Constitutions, even at this late date, to find the following : Oct. 15, 
1086. " I doe hereby promise to bare faith and true alliegiance 
to o^ soveraighn Lord, King James y" Second, and fidellity to j" 
Lordes Proprietors of Carolina, according to y" fundamental! 
Constitutions dated y« XXI*'. July, 1669." And. Percivall. 
Jan. 20, 1688. John Francis De Gignilliat, George Pawley. 
Feb. 14. Danie! Carly. April, 1689. D. Ilooglunt. (See also 
Letter to Sothell, 1691.) 



S. P. 0. North Carolina. B. T., Vol. 2, p. 1. 

A Declaration & Pro])0)<eaUs to all y' will plant in Carrolina. 

25 Aug., 1663. 

His Ma"^ haveing been graciously pleased by his Charter bare- 
ing date y^ 24'" of March in y" 15th yeare of his reigne, out of a 
Pious & good Intention for y^ propogacon of y Cliristian faith 
amongst y'' Barbarous & Ignorant Indians, y« Inlargem' of his 
Empire & Dominions, & inriching of his Subjects : To Graunte 
& confirme unto us, Edward Earl of Clarending, High Chauce!!^ 
of England, George Duke of Albemarle, Master of his Ma"". 
Horse & Capt. Gen", of all his Forces; Wm. Lord Craven, John 
Lord i3erkeley, Antho. Lord Ashley, Chanc'"". of his Ma"". Ex- 
chequ^, S". George Carteret, K'. & Bar'., Vice-Chamberline of 
his Ma"". Household, Wm. Berkeley, K'. & S^ John Colleton, 
K'. & Bart. All y*. terrytory or tract of Ground w'". y" Islandes 
& Isletts sittuate, lyeinge & being in his Dominions in America, 
extending from y north end of the Island called Lucke Island, 
W**. lyeth in y" Southerne Yerginia Sea, & w*" in 36 degrees of 
y* Northine Lattitude & to the west as farr as y" South Seas, and 
soe southerly as farr as y" river St. Mathias w^*". bordereth upon 
y Coast of Florida & w"". in degrees of y« Northine Lattitude 
in pursewance of w^. Grannte, & w'". a cleare & good intention to 



336 EARLY HISTORY OF SOUTH CAROLINA. 

make those parts usefull & advantagious to his Ma''^ & his 
people. Wee doe hereby declare & propose to all his Ma'=". 
loveing Subjects wheresoever abideing or resideiiig, and doe 
hereby ingaige inviolably to performe & make good these ensue- 
ing proposealls in such man"", as y* first Und''tak'*. of y^ first 
Setleni'. shall resonably desire. 

1. If y^ first Collony will setle on Charles River neare Ca])e 
Feare w^". seemes to be desired it shalbe free for them soe to doe 
on y^ Larboard side entring. If in any other parte of y^ Teny- 
tory, then to choose eith^ side, if by a riv., we reserveing to 
''selves 20,000 acres of Land, to be bounded & leyed out by o^ 
Agents in each Setlem'. in such places as they shall see fitt, & in 
such man'', as y* Collony shall not be thereby incoihoaded or 
weakned w"*". we intend by o"". Agents or Assignes in dew time to 
setle & plant, they submitting to y Goverment of that Collony. 

2. That y first Collony may have pow^ when desired at there 
owne charge to fortifie y" entrance of y'' vlv., as alsoe y^ sea coast 
& Islands, they ingageing to be trew & faithfull to his Ma''^., his 
heires & Successo'* by some oath or Ingaigem'. of their owne 
frameing. 

3. That y^ Undertakers of y*. Settlem'. doe before they or any 
of them repaire theither to setle present to lis 13 persons of those 
y' intend to goe, of w"''. numb^ we shall coiiissionate one to be 
Gov^ for 3 yeares from y date of his Comission, and 6 more of 
y 13 to be of his Councell, y Maio^ parte of w"'^. numb^ y« 
Govern^ or his Deputy to be one to governe for j" time. afo res''. 
& will alsoe nominate Successo'''. to y'' govern'', whoe shalbe of y* 
6 Councello''* afores''. to succeed in y Goverm'. in case of deth or 
removeall, & likewayse Councello" out of y remayneing 6 of y^ 13 
to succeed in case of death or removeall of any of y Councell'*. & 
aff. y expiracon of y first three yeares & soe successively for 
every 3 yeares. Upon or before y 25th day of March, before y* 
expiracon of y time of y^ Governo'' in being a new presentm'. by 
J" freehold'' of y« Collony, or by such persons as they shall consti- 
tute to be made of y 13 persons, 4 of W''. shall consist of those 
y'. shalbe in y Goverm*. at y time of y^ Election of y 13 out of 
w^". we will upon or before y 10"> day of Aprill following, declare 
& Coinissionate a Govel■n^ & 6 Councell'., w'". there respective 
Success'''., in case & manor as afores''. 

4. Wee shall as farr as o^ Charter permitts us, impower y 
Maio"". parte of y* freehold"., or there Deputyes or Assemblymen, 
to be by them choasen out of themselves, viz. : Two out of every 
tribe, devision or parish, in such mauo"" as shall be agreed on to 
make there owne lawes by & w'^ y^ advice & consent of y 
Govern"" & Councell, soe as they be not repugnant to y^ lawes of 
England, but as neare as may be agreing w'" them in all Civill 
affaires w'" submission to a Superintendancy of a Gen". Council), 
to be choasen out of every Gover'. of y Province, in man"" as shal- 



APPENDIX. 337 

be agreed on for j" Conion defence of y" whole, w"". lawes shall, 
w""!!! one yeare aft^ publication be presented to us to receave C. 
Rattification, & to be in force untill s*. Rattification be denyed, & 
by us certyfied, but if once rattifyed, to continew untjl repealed by 
y same power or by time expired. 

5. We will Graiite, in as ample man"", as y^ Und'takers shall 
desire, freedomes & libertye of contience in all religious or 
spirituall things, & to be kept inviolably w"". them, we haveing 
power in o^ Charter soe to doe. 

6. Wee will Grante y'' full benefitt of these Imunityes to y* 
Und'takers & Setlers w''^ by y^ Charter is granted to us (for o"". 
services to his Ma""".,) in relation to freedome, of customes, of 
tooles, of all sorts usefull there to be exported from England for 
y'' planters use, & of certine Groathes of y"= Plantacons, as Wine, 
Oyle, reasons of all sorts, Ollives, Capers, Wax, Currants, 
Almondes & Silkes to be imported into any of his Ma"'*^ Do- 
minions for 1 years for each coluodity, aff 4 touns of every respec- 
tive spetie is imported as afores'. in one Eottome. 

Y. Wee will Grante to every present Und'^taker for his owne 
head, 100 acres of land, to him and his heires forever, to be held 
in free and comon Soccage, & for every man Sarv*. y'. he shall 
bringe or send thith^ y'. is fitt to bare Armes, armed w"*. a good 
fierlocke Musket, performed boare, 12 bullets to y" pound, & w*". 
20 lb. of powder & 20 lb. of Bullets, 50 acres of land, & for every 
woman Sarv*. 30 Acres, & to every man Sarv'. y'. shall come w"'iu 
y'. time, 10 Acres aft^ j" expiracon of his time, & to every woman 
Sarv". 6 Acres aft'", y'' expiracon of her time. Note y'. we intend 
not heareby to be obligee! to give y" proportions of lands above 
mentioned to Mast". & Sarv'^ long"", then in y first five yeares to 
comence at y*" begining of y'= first Setlem'. 

8. We will injoyne y= Governo"" & Councill to take care y'. 
there be alwayse one man 'armed & provided as afores''. in y« Col- 
lony for every 50 Acres w^". we shall Grante, & y'. there be a 
Supply to make up y^ numb', in case of deth or quitting y Collony 
by y« owners of s''. lands w*''in 12 moneths aff. notice given of y* 
defect. 

In consideration of y premises we doe expect by way of 
acknowledgem'. & towardes y" charge we have beene & shal be at 
one ^ penny for every acre y'. shal be graunted as afores''. w'^'in y 
time before limitted & exprest, & y*. y^ Court houses & bowses 
for publicke meetings be erected by y" publicke monyes of y' 
Collony on y" landes taken up by ns, but to be & continew to y* 
Countrj^es use forever, they paying some small acknowledgem'. 

Given und^ o"". handes this twenty-fifth day of August, Anno 
D-., 1663. 

29 W 



338 EARLY HISTORY OF SOUTH CAROLINA. 



S. P. 0. XoRTii Carolina, B. T., Yol. 2, p. 19. 

Instructions to Si?' John Yeamans, Governor of Clarendon 

County. 

Edward, Earlc of Clarendon, Lord High Chancel^, of England, 
George, Duke of Albemarle, &c. The trew and absolute Lordes 
Propryato". of all y" Province of Carolina. 

To our trusty and wel beloved S''. J"". Yeamans, Bar'., Governor 
of our Coimty of Clarendon, neai'e Cape Faire, and of all y'. tract 
of ground w'^". lyeth Southerly as farr as y^ river St. Mathias w'=''. 
bordereth upon y^ Cost of Florida, w"'. 31 degrees Northerne 
Lattitude, and soe west as farr as y^ South Seas, as alsoe of all 
Islandes and Islets, Rivers and Seas w"'in y s"" Boundes, & C. s". 
Province of Carolina. And to o'. trusty & welbeloved, our 
Councell"., and Assistance to onr s''. Govern^, Greeting: Be it 
knowne unto all men, y*. we y*' s"*. Lordes and absolute Proprya- 
tors of y^ s''. County & tract of ground w"'in y" province afores''. 
for divers good causes & consideracons, but more espetially out 
of y« trust & confidence reposed by us in y". our s**. Govem^ & 
Councill". for y^ faithfuU managem'. of y" powers & authorityes 
by us to you given to y" best avayle & improvem*. of our Interest 
& Dominion in y" s^ County of Clarendon, & all y^ tract of 
ground afores''. w"'in our s". Province, & for y^ best avayle and 
improvem*. of y'' mtercst. Liberty, Propryetey & Defence of all 
such as shall plant & inhabit there. Have given, graunted, & by 
these presentes doe give & granute (during our pleasure,) Unto 
yo" o^ s*". Govenr., by & w'". the advice & consent of our Coun- 
cell or any 3 or more of the 6 or 4, or more of a greater number, 
full and absolute power and authority for us & in our name to lett, 
sett, convey & assure, such landes in 'o'. s"*. County & tract of 
ground afores''., to such person & persons, & for such estate & 
estates, & w"'. such provisoes, Condiccons & Limitacons, as we 
by o"". Concessions & agreem*. und''. our grate scale, bearing date 
Av"". thes presentes, to & w">. y"= adventurers of y" Island of Bar- 
bados, & there Assotiates of England, New England, y" Caribbia 
Islandes & l^armotlios, are obliged to graunt, & as yo". shalbe 
directed by such oth^ Instruccons & Rules as from time to time 
yo" shall receave from us, & not otherwayse. Hereby rattifying 
& confirmeing w'soever yo" shall lawfully doe pursuant to y Con- 
cessions & Agreem'., & to such Instruccons, Rules & Direccons 
as afores''., as also to make, doe, performe & execute all & sin- 
guler act & actes, thing & things, powers & authorityes w'soevcr 
w'=''. we o'selves may, cann, might or could doe, in, for, concerneing 
or relateing unto y* Goverm'., both Civill & Millitary, of y" s'. 
County & tract of ground afores*. by virtue of y^ Letters Pattentes 
of his most excellent Majesty, Charles y" Second, by y Grace of 



APPENDIX. 339 

God, Kinge of England, Scotland, France & Ireland, Defendor of 
y" faith, beareing date at Westminster y^ twenty-fourth of March, 
in y* IS"" yeare of his Reigne, to be exercised neavertheless, 
according to such Instruccons & w'^ such Liraitacons, restriccons, 
Condicons & provisoes as in these presentcs are hereaft^ conteyned, 
hereby rattifying, conlirraeing & allowing all & every such act & 
acts, thing & things W^"*. C. s"*. Govern''. & o^ s''. Councell'\ in 
o^ names shall doe in y" premises pursuant to y^ authority hereby 
comited, Provided, & it is hereby declared y'. this present deede 
or anything therein 'contayned, doth not extend, nor shall it be 
deemed or taken to extend, to give up to o^ s''. Gov. or o'. s'. 
Conncell's., or eith"". or any of them any power or authority to 
make any maner of graunt. Conveyance, Demu'^ or oth"". like dis- 
position of any landes lyeing w"'in, or being parte of y'' s"*. County 
& tract of ground afores**., but according to our Concessions & 
Instruccons, & reserveing for every acre English measure, yr=^\ by 
virtue of this authority yo" shall grant to any person or persons 
one-halfe penny of law^full mony of England, yearely rent to be paid 
to us, o"". heires or assignes, on every twenty-fifth day of March, ac- 
cording to y English accompt, y" first paym*. whereof to begin on y= 
25"' of March, w=''. slialbe (according to y'' English ace'.,) in y° 
yeare of o^ Lord God, 1670. Provided alsoe, y'. noc ord'. or Lawes 
made or to be made by virtue of this o^ authority, shalbe in 
force as Lawes for any long", tearme, then one yeare and a-halfe 
w'^n one yeare of w'=''. time they shalbe transmitted & presented 
to us for o^ assent, w"^. being given, they shalbe in continevvall 
force till expired by there owne Lymitacon or by act repealed to 
be confirmed as aforcs*. Provided alsoe, y*. y^ executive parte of 
all y= s''. powers hereby given shalbe made & exercised by yo" o^ 
s''. Gov^ by & w"". the advice and consent of y" Maior parte of 
our Councell. And if it shall happen y*. o^ s"*. Gov., or any of 
C". s''. Councell shall departe or be absent at any time from our s''. 
County & tract of ground afores''., unless oth^ provision be by us 
made, y'. then it shall & may be lawfull to & for o"". s''. Govern^ 
& Councell, or y" maior parte of them resident in o^ s''. County & 
tract of ground afores''. to nominate, elect & appoint any such 
able person & persons as in there discretion to them shall seeme 
most fitt to serve in and supply y^ places of such of y^ s". persons 
respectively during there absence from our s''. County & tract of 
ground afores''. Giveing and Granting unto him or them soe. 
chosen during y^ absence of o"". s''. Gov. or Councell'''. as full, 
large, & ample powers as we by these presentes to o^ s''. Governor 
or Councell' ^ have given anything in this present Comission in 
any wise to y= contrary notwithstanding. And alsoe in case of 
death of any Governor, or death or removeall of any of o"", s"*. 
Councell, from time to time to nominate & elect fitt & able 
persons in there steads or places respectively, W*". persons soe 
nominated & choasen, shall exercise all powers to there s''. offices 
respectively belonging, till o^ pleasure be signified to y' Contrary. 



340 EARLY HISTORY OF SOUTH CAROLINA. 

S. P. 0., K». Carolina, B. T., Yol. % p. 41. 
Governor SayWs Commission. 

26 July, 1669. 

Geo., Duke of Albemarle, Capt". Gen", of all his Ma''" forces, 
Edward, Earle of Clarendon, AV"., Earle of Craven, John, L*". 
Berkley, Anthony, L". Ashley, Chancel^, of y^ Excheque'', Sir 
Geo. Carteret, Barron*., Yice Chamberlaine'of his Ma"". House- 
hould, S--. Peter Colleton, Barronett, & S^ Wil. Berkeley, Kn'. 

To our trusty & Welbeloved Will. Sayle, Esq., Govern-- of all 
that Territory, or parte of o^ Province of Carolina that lyes to y« 
Southward & Westward of Cape Carteret, & to ourtrusty& Wel- 
beloved o^ Councell". & Assistants to our said Governo'", 
Greeting. 

Bee it knowne unto all men that Wee y^ L"". & absolute Pro- 
prietor of y^ Province afores^, for divers good causes & consider- 
acons, but more especially out of y^ trust & confidence reposed in 
yo", o"'. s'l. Governo'^ & Councello", for y" faithfull managem' of y"^ 
power & authority by us to yo" given to y" best availe & im- 
provem'. of o^ Interest & Dominion in y'' Terretory afores''., have 
given, granted, & by theise presents doe give & grant durcing o". 
pleasure unto yo'', o^ s*. Governo"", by & w"'. y" consent of o^ 
Councell, or any sixe of y' tenn. Whereof three at least are to be 
of those appointed by us as o^ Deputys, full & absolute power & 
authority for us, & in o^ names, to lett, sell, convey & assure such 
Lands in o^ s". County, to such person & persons, & for such 
Estate & Estates, And w*". such Provizos, Condicons & Limita- 
cons as we by o"" Instruccons and Concessions, hereunto annexed, 
have directed, & as yo" shall be directed by such other Instruc- 
cons & rules as from time to time yo" shall receive from us, & not 
otherwise, hereby rattifying & confirming whatever yo" shall doe 
pursuant to y" s''. Instruccons & Concessions, & to such Instruc- 
cons, Rules & Direccons, as afores"*., as alsoe to make, doe per- 
forme and execute all & singuler act & acts, thing & things, 
powers & authoritys whatsoever, W^". Wee ©'"selves may, cann, 
might or could doe in, for, conserning or relateing to y Gover- 
ment, both Civill and Millitary, of y" s''. Terretory, by vertue of 
y" Letf». Pattents of his most E.xcellent Ma<'^, Charles y^ Second, 
King of England, Scotland & Ireland, Defend^ of y'' faith, bearing 
date at Westminster, y" 20'" day of June, in y" IT"* yeare of his 
raigne, to be exercised nevertheless according to such Instruccons, 
& w'\ such Limittations, Restriceons, Condicons & Provisoes as 
are hereunto annexed, & in these presents are hereafter contained. 
Hereby rattifying & confirming & allowing all & every such act 
& acts, thing & things, W'N o^ s''. Govcnr. & o^ s". Connccllo" 
in 0'. names shall doe in y^ premises, pursuant to y* authority 



APPENDIX. S41 

hereby c(*mittecl, & W''. is not contrary to C. Instruccons, and o". 
fundamental! Constitucons & forme of Goverm*. herew"' sent 
under o^ hands & scales. 

Provided alsoe, y'. y" Executive parte of all y^ s''. Powers herein 
given shall be made & exercised by yo", o'. s''. Governo"", by & 
w"". y^ advice & consent of y" maio'". parte of our Councell. And 
if it shall happen that o^ s**. Governo'" shall depart or be absent at 
any time from our Terretory afores""., unless other provision be by 
us made, That then it shall & may be lawfull for o'". s". Govern^ 
by y advice & approbation of y" maio"". parte of his Councell, 
under his hand & scale, to nominate & appoint a Deputy, Giveing 
& Granting unto y^ person soe appointed, as full, large & ample 
powers as wee, by theise presents unto o\ s''. Governo"" have 
given, any thing in this present Comission in any wise to y" 
Contrary notw "'standing. And if in case o"". s''. Governo'' should 
happen to dye or dcparte w "'out nominateing any person to be 
his Deputy, Wee doe then give & Grant unto o\ s". Councell full 
power & authority to appointe some person to be Governo"" till 
o"". pleasure be further knowne therein, & signifyed to y^ contrary. 
And y^ person soe appointed shall have y^ same power to all 
Intents & purposes as was by this present Comission granted unto 
o^ Governo' soe dead or departed. 

Given under o\ hands & y^ Great Scale of o^ s''. Province, this 
26'" day of July, 1GG9. 



S. P. 0. N". Carolina, B. T., Yol. 2, p. 40. 

Coppy of y' Deputacon. 

July, 1669. 
Whereas in y^ fnndamentall Constitucons & forme of Gover- 
ment of y" Prc^vince of Carolina it is ordained that each Propriet^ 
shall have his Deputy, who shall sett in the Grand Councell & 
Parliara'., & have severall other powers as in o^ s"". fnndamentall 
Constitucons & forme of Goverment, & o^ Instruccons annexed 
to o"". Comission to o'. Governo"", bearing date y" 26"'' day of July, 
1669, is more at large & exprcsly sett forth. And Whereas there 
is noe Landgraves nor Cassiques in Carolina at present, nor such 
a number of people as will admitt of o"". s''. fundamental! Constitu- 
cons & forme of Goverm'., entirely to be putt in practice, yett y'. 
we may come as nigh y" same as is practicable at present, it is 
by Comon consent of y^ Propriet'^ agreed that each Propriet". 
shall choose a Deputy, who, for the present, shall act w"'. o^ 
Govern'., as is in that case provided in our fnndamentall Consti- 
tucons & forme of Goverm'., & o^ Instruccons annexed to y® 
Comission of o"". Govern^, as afores''. Wherefore out of y= 
Confidence that I have of y^ wisdome, prudence & discretion of 
yo". 

29* 



342 EARLY HISTORY OF SOUTH CAROLINA. 

I doe hei'eby constitute & appoint yo°, y" said 
My Deputy, \y^. power to act as in o"". fuudamcntall Constitucons 
& forme of Goverm'., & y^ Instruccons afores''. is Provided. 
Wlttness my hand & seale this day of July, 1669. 



S. P. O. IS"". Carolina, B. T., Vol. 2, p. 38. 
Coppy of Instruccons for M\ Joseph West. 

M"". West, Yo" are w'" all possible speed to saile w"' y" fleete 
under yo"". comand for Kinsaile, in Ireland, Where yo" are to 
endeavor to gett twenty or twenty-five Serv"., for our proper 
account, & as soone as yo" have gotten them on board yo" are to 
saile directly to Berbados, & yo" are not to suffer any person 
whatsoever to putt one Serv*. ou Board o''. Shipps, till o^ number 
be compleated. 

Yo" are to take y'' Ijest order yo" cann w"". yo^ Shipps to avoid 
loosing one another att Sea & appoint what shall be done by each 
Yessell in case they loose yo^ Company. 

If any Passenger that is y" Master of a Family should dye att 
sea, & leave noeExecuto"", or should leave y" Shipp, his Servants 
are to be reserved to y° use of y^ Propriet"., it being they that 
pay theire passage, & by consequence have most right to them ; 
w'=''. Serv". you are to imploy in prepareing loading of timber & 
other materials for o^ Shipps. 

When yo" are at Kinsaile yo" are to apply y'selfe to M'. South- 
well & J\P. Thomas Gookin for y^ procureing of yo^ Ser"., & 
also use y* assistance of Capt. O'Soolivan. And haveing staid 

dayes at Kinsaile, and not haveing compleated yo^ number, 

& findeingnoe likelyhoodto doe it, though yo" should stay a day 
or two longer, yo" are to saile w'" y"' first opertunitv to Berbados. 

Yo" are to suffer noe freeman y' hath noe Serv'^ onboard to goe 
out of y" Shipp, unlesse he give very good security for his returne. 
Yo" are not to suffer any man, whether Seaman or Passenger, to 
take his Serv'*. on shoare at Barbados, unless he give bond iu 
double of vallew for their returne on Board againe. Yo" are to 
give Orders to y Comanders of our Shipps to obey this rule, 
who are hereby required to obey the said Orders. 



S. P. 0. N". Carolina, B. T.,Yol. 3, p. 39. 

Co2:)pij of M\ WesVs Corhission as Comand'. in Cheefe. 

27 July, 1069. 
George, Duke of Albemarle, Capt". Genu", of all His Ma"". 
Forces, Edward, Earle of Clarendon, William, Earle of Craven, 



APPENDIX. 



3-i3 



John, L'". Berkeley, Anthony, L''. Ashley, Chancell^ of the 
Exchequer, Sir Geo. Carteret, Bar'., Vice Charaberlaine of his 
Ma"". Household, S''. Peter Colleton, Bart., & S''. William 
Berkeley, Kn«., the true & absolute L'". & Propriet" of Carolina. 

To our trusty & welbeloved Joseph West, Greeting — 

Wee doe hereby constitute & appoint yo" during o"". pleasure, 
Governo'" & Comander in Cheife of o'". fleet & y" persons em- 
barqued in it, bound for Carolina, or that shall embarque in our 
s"". fleet before its arriveall in Barbados ; over w''" yo'' are to place 
Ofiicers, & cause them to be duely exercised in Armes, and to doe 
all & every other thing or things W^". unto y" Charge of a 
Coman^ in Cheife belongeth. And Wee by vertue of his Mai""'. 
Letters Pattents, bearing date at Westminster, y" 20"' of June, in 
ye lY'i' yeare of his Raigne, have power to Grant, Comanding all 
inferio'' Officefs of o''. s''. fleet & forces yo" to obey as their 
Comand'". in Cheife, according to tliis, o-". Comission, & y powers 
thereby given unto yo". And yo", yo'^selfe, alsoe are to observe & 
follow such order & directions as from time to time yo" shall receive 
from us. And in all things to governe yselfe as unto y" duty & 
place of a Govenr. & Comand^ in Cheife doth belong, w^" place yo" 
are to execute till another Govern^ for y'. parte of o^ Province 
y'. lyes to y" Southward or Westward of Cape Carterett shall 
appeare w"* Coinission under o^ hands & Great Scale of o"". 
Province, to whom yo" are then to submitt, & this Coiiiission to 
become voyd to all intents & purposes. 

Given under o''. hands & y" Great Scale of o". Province this 
27'" July, 1669. 



S. P. 0. N". Carolina, B. T., Yol. 2, p. 34. . 
Coppy of Instruccons for M\ West about a'. Plantacon. 

M". West, God sending yo" safe to Barbados, yo" are there to 
furnish y'selfe w'^ Cotton seed. Indigo Seed, Ginger Roots ; w^"". 
roots yo" are to carry planted in a tubb of earth, y*. they may not 
dye before yo^ arrivall att Port Royall ; alsoe yo" may in another 
tubb carry some Canes planted for a tryall — alsoe of y* severall 
sorts of vines of that Island, & some OUive setts ; all W^". will be 
procured yo" by M^ Thomas Colleton, if yo" applye yo'selfe to 
him. 

When yo" arrive at Port Royall yo" are in some convenient 
place on one side of y" Towne, & where it may be least Incon- 
venient to y people, to take up as much land for our uses as our 
proporcon will come to at 150 Acres p^ head of 30 Serv", & in 
yo"". land lett there be some marsh, and not much, y" rest to be of 
as many varietys of soyle as may be, amongst w'". be sure there 



344 . EARLY HISTORY OF SOUTH CAROLINA. 

be some Sanely land. Our reason for this is that being unac- 
quainted w"'. y" nature of y" soyle, we shall have conveniency of 
trying w^"". sort of soile agrees best w"'. y- severall things planf. 
in them. On this Land yo" are to cause to be erected convenient 
houseing for yCselfe & yC. Servants, makeing them warrae & 
tyte, w"''. is a great meanes of preventing sickness. Theise houses 
you are soe to place that upon y*" dcvlsion of o''. Land each man 
may have a share of y". As sooiie as yo^ houses are built, yo" 
are to sett yo"". people to falling and clearing yo^ land to make it 
fitt to plant against y" Seasons come, not forgetting to putt yo'. 
Ginger & Canes into y'' Ground as soonc as yo" arrive, for feare 
they dye — both of w"=\ love a rich soyle & light mould, in w"". 
sort plant them. 

Yo^ seeds yo" are to keep till March, & y". plant some of y'". 
in Sandy land, some in light black mould y' lyes high, & some in 
land that lyes low ; doe y'' same againe in Aprill, y"' same in May 
& June, by w"=". meanes yo" will come to finde w"'". soyle agrees 
best w'". every specie planted, & what is y"^ propcrest time to 
plant in. Yo" are to doe y'' same as to y* soyle w"'. yo'. vine & 
Ollive Plants, & this will be done w'". a man or two ; y« rest of 
yo'. people are to be employed about planting Indian Corne, 
Beanes, Pease, Turnipps, Carretts & Potatoes for Provisions. 
The proper Season to plant Corne & Peanes & Pease yo" will be 
informed by y Natives ; y'' others will thrive at any time, & y". 
are never to thinke of makeing any Coniodity yo'. buisincss 
further than for experience sake, & to have yo'. stock of it for 
planting encrease till yo" have sufficiently jjrovided for y^ belly by 
planting store of provissions, W*. must in all your contrivances be 
looked upon by yo" as y^ foundation of yo'. Plantacon. 

Iff yo" have time yo" may fence in a small peece of ground for 
the reception of y"^ Cattle we shall cause to be brought from 
Virginia, and to putt them in all night. 

Yo" are allwayes to have one or more to looke after yo' Catle, 
who must bring them home at night, & putt them in yo' inclosed 
Ground, otherwise they will grow wild & be lost. 

Yo'. Grape vines plant in a Sandy mould, & drye, & a* soone 
as they will afford other Slipps plant them alsoe y'. yo" may 
increase yo'. stock of plants. 

As soone as yo'. Ginger is ripe yo" are to digg itt, & plant as 
much ground w'\ it as that Avill fill, that yo" may increase yo'. 
stock. " The manner any planter of Barbados will shew you. And 
if yo" finde that Ginger thrives well, that is to be y"" first Comodity 
you are to fall upon. When you have sufficiently provided for 
victuall. 

Yo'. Cotton & Indigo is to be planted where it may be shel- 
tered from y" North West Winde, for they are both apt to blast. 

Iff any of yo'. Shipps touch at Bermudas, Order them to bring 
from thence "Ollive Plants & Stones, But noat that sticks cutt & 



APPENDIX. 3-i5 

planted like Osiers come to perfection, & beare sooner by scavcrall 
•yeares then plants from y" Stone. 

Yo" are from time to time to give us acc°. of yo'". proceedings 
herein, how much land yo" have fallen, what yo" have planted, & 
how every specie thrives, also§ what Catle yo" have rec". from 
Virginia, how many Calves yo" have every yeare, And what 
quantity of Hoggs, Sheep, &^, and what yo" want. 

Yo" may take from Barbados halfe a doz. young Sows & a 
Boare, W". will be furnished yo" by M^ Thomas Colleton, iff you 
shall not have enough left to doe it of y^ thirty pounds p"*. yo" to 
carry to Ireland. 

When yo" come to Port Royall yo" are to take what care yo" 
cann to hclpe y'. of our Shipps that returnes to Barbados to a 
loading of timber, &c. 

Yo" are in all things to consult, advize & communicate w"'. M'. 
John Rivers, Agent for y* Lord Ashley, And w"'. ]\P. 
Agent for S'". Peter Colleton, That they may be able to give a 
particuler account of all transactions there. 



S. P. 0. NoRTn Carolina. B. T., Yol. 2, p. 3T. 
Coppy of Instrucdons to 31". John Rivers. 

M"". John Rivers, yo" are to take charge of o"". Storehouse att 
Port Royall containeing o"". Matcrialls of Warr, and are from 
time to time to deliver out such quantity of Guns, Powder, Shott 
& other Stores, as y Govern"", and Councill shall direct yo" by 
their order in wrighting and not otherwise, except it be some 
powder & birding Shott for y" use of ©"".owne Plantacon. 

Yo" are to keepe account of what Gunns, Powder & fowling 
Shott, yo" doe by order of y Governo"" & Councell deliver to any 
one, and take y" persons rec'. for y" same for whom you deliver it, 
The w^*". Receipt to avoid multiplicity of ace". ; yo" arc to deliver 
to M^ West, who is to charge y^ s''. Party w**". it in his Books & 
account w"'. him for y same. 

S. P. 0. North Carolina. B. T., Vol. 2, p. 33. 

Instructions for IP. Henry Braine. 

M"". Henry Braine, You are under the Coiiiand of M''. Joseph 
West, (whom wee have apointed Com""", in Chief of o"". fleet till 
their arrivall at Barbados) to saile to Kinsale in Ireland, & from 
thence to Barbados as hee shall direct and order you, & when 
you are at Barbados, you are to observe the orders of o"". Gover- 
uour for your proceedings to Port Royall, And to returne from 



346 EARLY HISTORY OF SOUTH CAROLINA. 

Port Roj'all to Barbados or to Virginia as 3'ou shall bee directed 
by S". Jolin Yeamans, M"". Tliomas Colleton & Majo"" Kingsland, 
& there take in passengers & other fraught for Port lloyall : if 
you goe to Virginia you are to aply yo'"selfe to M'. William Burgh, 
in Chocatuck Creek, in James River, in whose hands you shall 
finde instructions what you are to doe ; if you come to Barbados, 
you are to deliver what goods you shall bring from Port Royall 
for the Proprietors acc°. to M'". John Ilallet, & take his & M'. 
Thomas Colletons advice for your proceedings from thence, either 
to Saltordudos & Virginia, or to Virginia directly, or back to 
Port Royall. 

When you are at Port Royall, you are to consult w'"". M"". 
West & 0''. Governo'' there, to what port you shall goe when you 
goe from thence, & are to saile to that port that any two of 
you three shall agree on, all being present at the consultation, if 
alive. 

You are from time to time to send us an acc". of your pro- 
ceedings, what fraught your ship hath made, & what you have 
delivered into the hands of o^ Factors or any of o"". Agents. 

S. P. 0. No. Carolina, B. T., Vol. 2, p. 46. 

At a Meeting of the Py'oprietors of Carolina, held at the Coch- 
pitt, the '21st October, 1G69. 

Present. 

The Duke of Albemarle. 
The Earle of Craven. 
The L". Berkley, 
The L". Ashly. 
S^ Geo. Carterett. 
S^ Peter Colleton. 

The Duke of Albemarle was elected the first Pallatin of 
Carolina. 

The Earle of Craven the first High Constable. 

The Lord Berkeley, the first Chancellor. 

The Lord Ashly, the first Chief Justice. • 

Sir Geo. Carterett, the first Admirall. 

Sir Peter Colleton, the first High Steward. 

S. P. 0. Xo. Carolina. B. T., Vol. 2, 1669-'?0, p. 47. 

At a Meeting of the Pro2')rietors of Carolina, at S\ George 
CarteretVs lodgeings, at Whitehall, the 20th of Jan., 1669. 

Present. 
The Earle of Craven. 



APPENDIX. 347 

The L'. Berkeley. 

The L". Ashlt?y." 

Sir Geo. Carteret. 

Sir Peter Colleton. 

Sir Tho. Charges, for Christopher, Duke of Albemarle. 

Geo., Duke of Albemarle, the first Pallatiu of Carolina, being 
dead, the Lord Berkeley, being the eldest in years of the surviving 
Proprietors, succeeded him, & was admitted the second Pallatiu 
of Carolina. 

The Earle of Craven continued his place of Constable. 

The Lord Ashly continued his place of Chief Justice. 

S^ Geo. Carteret continued his })lace of Admiral). 

S"". Peter Colleton quitted his place of High Steward, & made 
election of that of Chancellor. 

The Duke of Albemarle sent his Comission to his Deputy in 
Albemarle County, by the tytle of Treasurer. 

The L''. Berkely, Pallatin, Comissionated Samuell Steephens to 
bee his Deputy & Govern^ of Albemarle. 

The Earle of Craven deputed John Jenkins. 

The L". A.shly, M\ John Willughby. 

S"". Geo. Carteret, JVP. Peter Carteret. 

S^ Peter Colleton, M-'. Godfry. 

The Duke of Albemarle sent a blank to the Gov^ 



S. P. 0. N'o. Carolina. B. T., Yol. 2, p. 43. 

Coppy of Inslruccons annexed to ye CoWiission for y' Govern'. 
& Gouncell. 

2t July, 1669. 

In regard y" number of people W''. will at first be sett downe at 
Port Royall, will be soe small, together w*"". want of Landgraves 
«fe Cassiques, that it will not be possible to putt o^ Grand Modell 
of Govern!*, in practice at first, and that notw*''standing wee may 
come as nigh y afores'^ Modell as is practicable. 

1. As soone as yo'' arrive at PorfRoyall yo" are to summon all 
y" freemen that arc in y' Collony, And require them to elect five 
persons, who being joyned to y" five deputed by y respective 
Propriet''., are to be y Counsell w"'. whose advice & consent, or 
at least sixc of them, all being summoned, yo" are to governo 
according to the Limitacon & Listruccons following, observeing 
what cann at present be putt in practice of our fundamental] 
Constitutions k forme of Goverm*. 

2. Yo" are to cause all y" persons soe chosen to sweare Alle- 
geance to o"". Soveraigne L''. the King, & subscribe fidellity & 
submission to y" Proprietors & y^ forme of Goverm*. by them 
established. But in case any man for Religeon's sake bo not free 



o-iS EARLY HISTORY OF SOUTH CAROLINA. 

to sweare, then shall he subscribe y same in a Booke for that use 
Provided, w"". shall be deemed y^ same w"". swearing. 

3. Yo" & yo''. Councell are to choose some fitting place whereon 
to build a Fort under y" protection of W^. is to be yo\ first Towne, 
placeing yo^ houses soe as y^ Gunns of y'". Fortes may comaud all 
yo^ Streets. 

4. Within this Forte is to be l^ept yo^ Stores of all sorts. 

5. If yo" place yo^ first Towne on an Island, that whole Island 
shall be devided into Collonyes, & reserved for y" use- of y^ people, 
& sufi'er noe Signiory or Barrony to be taken up in it. But if 
yo" plant yo^ towne on y" maine, then shall y^ sixe next ad- 
joining Squares of twelve thousand acres be all Collonyes, soe 
that the people may at first plant together in convenient numbers. 

6. Yo" are not to suffer any one to take up lands w"'in two 
miles and a halfe of any Indian Towne, if it be of j" same side of 
a River, we hopeing in time to draw y Indians into o''. Goverm*. 
And would have y" quantity of a Barrony left about every Cas- 
siques house or Towne. 

7. Yo" are by & w*''. y^ consent of yC. CouncelT, to establish 
such Courts, and soe many as yo" shall for y*^ present thinke fitt for 
y" administracon of Justice till our Grand Modell of Goverm*. 
cann come to be putt in execution. 

8. Yo" are to sumon y"" freehoulders of y" Collony & require y". 
in our names to elect twenty persons, w"". together w"*. o^ De- 
putys for y" present are to be y. Parliament, by & w**". whose 
consent, or y" maio''. parte of them, yo" are to make such laws as 
yo" shall from time to time finde necessar}', w"^*". laws being ratti- 
fyed by yo" & any three of o"". five Deputys, shall be in force as in 
that case provided in the 12"' & other Articles of o^ fundamental! 
Constitucons & forme of Goverm^ 

9. Yo" are to take notice that we doe grant unto all free persons 
above the age of sixteene ycares y'. doe come to Port Boyall to 
plant before the 25"' day of March, 150 Acres of land for them- 
selves & 150 Acres more for every able man Serv*. they bring w*". 
tliera or cause to be transported into the s"*. Collony. And 100 
Acres for every Woman Serv*. and Man Serv'. under 16 yeares 
of age. And one hundred A'cres to any Serv'. when out of their 
time to his or her owne proper use. 

10. To every free person that shall there arrive to plant & 
inhabitt before y" 25"' day of March, 1671, one hundred Acres. 
And 100 acres more for each man Serv'. they bring w"'. them or 
cause to be transported into y s*. Collony, And 70 Acres for 
each Woman Serv'. or Man Serv*. under sixteene ycares of age. 
And to every Serv'. that shall arrive before y time last-menconed, 
scaventy acres to his or her proper use for them & their heirs 
forever. 

11. To every free person that shall there arrive before y" 25*^ 
day of March, 1672, w'". an intent to plant seaventy acres, and 70 



• APPENDIX. 849 

Acres more for each man Scrv'. they carry w"". them. And 60 
acres for each Woman Serv*. or Man Serv'. under 16 yeares of 
age. And to every Serv*. that shall arrive before y"= time last 
menconed, seaventy acres to his or her proper use for them & 
their heires for ever when there time of servitude is expired. 

12. Yo" are to cause y" Land to be laid out in Squares con- 
taineiug each 12,000 Acres, every of W". Squares that shall be 
taken up by a Proprief". is to be a Signiory. And each Square 
that shall be taken up by a Landgrave or Cassique is to be a 
Barrony, and each of those squares w^''. shall be taken up or 
planted on by any of the people shall be a CoUony, And reserved 
wholly for y" use of y"" people as they come to setle, keeping the 
proporcon of twenty-fower Collouycs to eight Signiorycs & eight 
Barronyes. 

13. Yo" are to order y'' people to plant in Towncs, And one 
Towne at least in each CoUony soe ordering & laying out the 
Townes as yo" & yo^ Councell shall thinke most convenient & 
profitable for y people y*. are to inhabitt them. Yo" are not to 
suffer J" Inhabitants of any of y" Collonyes to have a greater pro- 
porcon of front of their Land to y^ River then a fifth parte of his 
depth. • 

14. Any person haveing brought Serv''. to plant, shall make y^ 
same appeare to yselfe & Councell who shall thereupon issue out 
a War', to y" SurveyC Genner". to lay him out a parcell of Land 
according to y" proporcons menconed in theise o"". Instruccons. 
And y Surveyc haveing done y^ same. And y" War', w^". y= 
Surveyo'' Gen''"^ returue thereon being recorded. And y= person 
to whom this Land is granted, having sworne or subscribed Alle- 
giance to o^ Soveraigne L'^. y King, And fidellity & submission 
to y L''^ Propriet". And y'' fundamental! Constitucons & forme 
of Goverment yo" are und^ y^ Seale (for that use provided,) to 
passe this following Grant : 

Geo., Duke of Albemarle, Capt". Gen", of all his Ma"'■^ Forces, 
Edward, Eaije of Clarendon, William, Earle of Craven, John L"*. 
Berkley, Anthony L''. Ashley, Chancel^, of y^ Exchequer, S^ Geo. 
Carterett, Baron'. Vice-Chamberlaine of his Ma"". Household, 
S'-. Peter Colleton, Bar'., & Sir William Berkeley, Kn'., The 
true and absolute Lords & Proprietor* of y^ Province of Carolina, 
Doe hereby Grant unto A. B., of the County of in y" 

Province of a plantacon in y Towne of in y" 

County afores''. containeing Acres English measure, bounded 

to have andto hould tohimselfe, his heires & assignes for- 
ever, yeilding or paying to y s". George, Duke of Albemarle, 
Edward, Earle of Clarendon, William, Earle of Craven, John L"*. 
Berkley, Anthony L''. Ashley, S''. Geo. Carterett, S''. Peter 
Colleton & S^ William Berkley, L''^ Prop", as afores''., their 
heires & assignes, every 29"' day of Sept^, w^". shall be aft^ the 
29 " day of September, 1689, one penny of lawfull English mony 



350 EARLY niSTORY OF SOUTH CAROLINA. 

or y^ valle^\' thereof, for every of y s'. Acres to be lioulden in free 
& common Soccage. Given under y^ Great Seale of y^ day 

of in y yeare of o^ Lord. 

This Grant 3-0" & three more of your Conncell arc to signe, and 
cause y^ same to be recorded in the Register Office, y w"^". shall 
then be deemed a full & firrae Conveyance of y Land therein 
menconed, unto y person unto whom it is granted, & his heires 
& assignes forever, he payeing y rent, &c. 

15. We haveing sent a stocke of Vietualls, Cloathes & Tooles 
for y supply of those people, who through Poverty have not beene 
able to supply themselves suflicicntly for such an enterprize, to 
prevent abuses in y distribucon wliereby one may come to want, 
& another liave too much, yo" & y^ maio'. parte of C". Deputys 
by direccon, in wrighting, are to order C. Storekeeper how much 
of each sort shall be delivered weekly to y respective persons, 
wherein yo" are to have speciall regard to those that are not able 
to furnish themselves. 

Yo" & y Maio^ parte of o"". Deputys, are by yo^ Order in 
Avrighting to direct o''. Storekeeper how much of y^ Indian trade 
sent shall be delivered to any of y Indian Cassiques to purchase 
their friendshipp & allyance. Wherein wee desier yo" to be as good 
husbands as may be, that there may be left a considerable store to 
answer all Emergencyes, And never Ictt y^ Indians know what 
quantity yo" have, it haveing beene observed to be prejudiciall to 
those tlmt have suffered them to see all their Store. 

July 27'", 1669. 



S. P. O. XoRTii Carolina. B. T., Vol. 2, p. 31. 
Instructio)7s to Josejjh Wed. 

Co|)y of Instructions to M"". Joseph West, Storekeeper. 

M'". Joseph West, you are to cause to bee erected within o^ 
Fort at Port Royall 2 houses W^''. are not to bee tliached, in one 
of W-". you are to putt o^ Stores of Warr, in the other, the Yic- 
tualls, Cloathes, Tooles, &". 

The key of that in W^". is our Stores of Warr, you are to deliver 
unto ]M''. John Rivers, w^ho is to have the charge thei*eof, you are 
to make an Inventory of all you deliver him, & take his rec*. 
thereon. 

You are to deliver such quantitys of the Indian trade for pre- 
sents to the Indian Kings, as o"". Govern'". & any three of o^ 
Deputys, if so many bee alive in Carolina shall direct you, the 
residue you are to lye out in Yictuall & other necessarys for the 
use of the Colony, takeing rec'. from every man for what you 
furnish liini. You are weekely to deliver to such persons as C. 
Govern;;. iv .t any three of o^ deputys, if so many bee alive in 



APPENDIX. 851 

Carolina shall direct yon, the following proportion of victuals & 
no more, viz : To every three men 9 lb. of beef & 14 q''. of pease, 
or if they will not have pease then 14 lb. of flower, or 14 lb. of 
oatmeale, or tenn pounds & three quarters of bread, or some of 
the one & some of the other, as your stores of the respective spetie 
shall hould out, not exceeding this proportion to any man. You 
are to deliver the cloathes, toolcs & fishing trade wee have pro- 
vided, to such men as the Govern"'' & any 3 of o^ Deputys, if so 
many bee alive in Carolina shall direct you, still keeping enough 
for the use of o^ owne plantation. 

You are not to deliver to any man a double proportion of any 
thing, nor no more then is necessary for him. 

If you finde that there is a want of cloathes or Rugs, you are 
then w**". your Indian trade to buy skins to suply that defect. 

You are to keep e.xact ace*', of what you deliver to every man, 
takeing his rcc*. for the same, & once in 3 mo", to accompt w*''. 
every man, & take his obligation under hand & scale, to pay unto 
Geo. D. of A. W. Earle of Cr., John L". B., A. L". A.,.S^ Geo. 
C, & S'". P. C, what shall bee then due unto them w"'. 10 p^ C. 
interest for the time it shall remain unpaid, w''. obligations are to 
bee made beefore the register, who is to record the same. 

In regard there is no mony in Carolina, you are in y accomp- 
ting to recon upon such Comoditycs as the Country doth produce, 
& valine the goods at the rate they cost us in England, recon ning 
the Comoditycs at the rates following, viz ; Ginger scalded, at 2''. 
the lb. ; Scraped Ginger, at 3''. p"". lb. ; Indigo, at 3'. p"". lb. ; 
Silke, at 10'. the lb. ; Cotton, at 3i". p^ lb. ; Wine, at 2». the 
G'". ; 0)^e olive, at 3'. the G". ; Wax, at 9-'. the lb. ; pype staves, 
at a halfe penny p"". stave ; and in any of these Comoditycs are 
you to receive o"". debts at the rates specified above. You are as 
nigh as you can to observe what is loaden on o'". ships from Port 
Iloyall for any other port, & also what shall bee brought in any 
of o"". ships into Carolina, how many passengers, Avhat goods, & 
for whose ace", of W"". you are from time to time to give us notice, 
& also how the Com'"■^ of o"" Ships doe beehave themselves. If it 
should happen that so many of o"". Deputyes should dye or depart 
out of Carolina, that there should not bee three there, then are 
you to observe the orders for the delivery of the Indian trade, pro- 
vizions, &■=., that shall bee from time to time given you by o'', 
Governo'', & so many of o''. Deputys as are alivo & in Carolina. 



S. P. 0. N". Carolina, B. T., Vol, 2, p. 66. 

Temporary Laivs. [1611 ?] 

It is resolved and agreed by y^ L*". Proprict". y'. till by a 
Sufficient number of Inhabitants y" Governm'. of Caroliua can be 



852 EARLY HISTORY OF SOUTH CAROLINA. 

fidministretl according to y^ Forme established in y Fundaraentall 
Constitutions. 

1. That y' Palatine name a Governor, and each of y" L'''. Pro- 
priet". a Deputy, w*". Deputys, with an equall number of others 
chosen by y^ Parliam*., shall continue to be y^ Councellors till y* 
L'". Propriet". shall either order a new choice, or y^ Countrey be soe 
peopled as to be capable of y" Governra*. according to y" funda- 
mentall Constitutions ; and when there shall be any Landgraves or 
Cassiques created by y^ L'". Propriet"., soe many of y eldest in 
age of them that are resident in Carolina, as shall be equall to y= 
number of y" L'^'. Propriet". Deputys, shall be alsoe of y Councell, 
y'. soe y Nobility may have a share in y'' Governm*., and y'' whole 
administration may still come as near y" forme designed as y" 
Circumstances of y'groweingPlantacon will permitt. 

2. The Governor, with y* Lords Prop". Deputys, y^ Land- 
graves and Cassiques y' are Councellors, and those chosen by y" 
Parliam*., shall be ye Grand Councill, and shall have all y" power 
and autjiority of y" Grand Councell and other Courts till they 
come to be erected. 

3. Besides y" Deputj's for Councellors, The Cheife Justice shall 
choose & constitute y" Provost Marshall, 

The Chancellor, y" Secretary, 

The Treasurer, y" Receiver, 

The High Steward, y^ Surveyor, 

The High Chamberlaiue, (Register of Births, Buryals 

° ' ( & Marriages. 

The Admirall, Marshall of y^ Admiralty. 

4. The Article in y' Fundamentall Constitutions beginning 
thus, [All y Revenues & Profitts,] shall not take place till y" 
Lords Proprietors y'. have layd out money in carying on y° 
Plantacon be reimbursed with such satisfaction as shall be agreed 
on amongst them. 

5. To suite y begining of y Government to y*. proportion of 
Land upon w''''. y* ballance of y^ Settlem*. principally depends, 
and y*. by takeing up great Tracts of land sooner than they can be 
planted ; great gaps may not be made in y* Plantation to y* 
prejudice of y= commerce, and exposeing y^ safety of y whole by 
stragling and distant Habitations. In y first takeing up of Land 
each Proprietor shall have but 3 Signiorys, and each Landgrave 
and Cassquie one Barrony set out for him till by y increase of y^ 
Inhabitants part of seventy-two Colonys shall be possessed by y« 
people, after w"^"". time it shall be free for every one to take up y 
proportion of Land due to his dignity. 

6. All Lords of Baronys and Mannors shall be obleiged to have 
each upon his Barrony 30 persons, and upon his mannor 15 per- 
sons respectively within seven years after y^ date of his Grant, 
and whatsoever Lord of a Barrony or Mannor shall not have soe 
many persons on his Barony or Mannor respectively at y end of 



APPENDIX. 353 

y* s"". seavcn years shall be lyable to such fiue as y^ Parliara'. in 
Carolina shall thinke fit, unlesse y L"'. Prop™, shall allow him 
longer time for y^ planting his Barrony or Manor with people to 
that proportion. 

7. All Acts y'. shall be made by y« Parliam'. before our Gov- 
ern*, of Carolina be administred according to our Fundamental! 
Constitutions shall all cease and determine at y* end of y^ first 
Session of Parliam*. y*. shall be called, chosen, and shall sit 
according to y" Articles concemeiug Parliam". established in our 
Fundamentall Constitutions. 

Craven, 
Ashley, 
g. c.irteret, 
P. Colleton. 



• See Same Yol. p. 78. 

Temporary Laws to he added to y' former. 

8. Noe Indian upon any occasion or pretense whatsoever is to 
be made a Slave, or without his owne consent be caried out of our 
Country. 

9. If it happen that any of our Deputys shall by death or 
departure out of Carolina, . or any otherwise, cease to be our 
Deputys before we shall have deputed others in their roome 
respectively, that y" number of our Deputys may always be kept 
full, y'' eldest of y" Counselloi's chosen by y'' Parliam'. shall be to 
all intents & purposes Deputy of that Propriet'., whose former 
Deputacon is by death or otherwise determined, till the said 
Proprietor, his heir or successor, shall make another Deputy. 
And when it shall happen that one or more of y" Counsellors 
chosen by y- Parliam*. shall by this means come to be Deputy of 
Prop"., new Counsellors shall be chosen to fill up their place in 
Councill by y Parlim*. at its next Session. Provided always, 
that if the Proprietor whose vacant place is thus supplied, shall 
make some other person his Deputy ; then he, who, by eldership, 
came to be his Deputy, shall be Counsellor as he was before. And 
he y'. was last chosen into y" Councill by y^ Parliam'., shall cease 
to be a Counsellor if there be more of those chosen by y* Par- 
liam*. than there be of our Deputys. 

Signed and Sealed by Craven, 
Ashley, 
^ G. Carteret, 
P. Colleton. 

30* X 



351- EAKLT HISTORY OF SOUTH CAROLINA. 

S. P. 0. North Carolina. B. T., Yol. 2, p. 87. 

Carolina Temporary Laivs. 

21 June, 1672. 
Since y Paucity of Nobillity will not permitt y fundamental! 
Constitutions presently to be put in practise, It is necessary for 
y supply of that defect, that some temporary Laws should in the 
meane time be made for y" better orderin,2: of afl'airs, till by a suffi- 
cient number of Inhabitants of all degrees y'" Governra*. of Caro- 
lina can be administred according to y forme established in y 
fundamentall Constitutions We y Lords Prop'', of Carolina, 
upon due consideration have agreed to theise following. 

1. The Palatine shall name the Governor, and each of y Lords 
Proprieto"^ shall name a Deputy, who w"'. y Govern''. & an equall 
number of others chosen by y Parliam*., shall continue to bo. the 
Councello''^ till y Lords Propriet"., shall either order a new choice, 
or y Country be soe peopled as to be capeable of y^ Governra'. 
according to y fundamentall Constitutions, aud as there shall be 
Landgraves & Cassiques created by the Lords Prop'■^, soe many 
of the eldestjn age of them that are present in Carolina, as shall 
be equall to y number of y'= L""., Prop"., Deputys, shall be alsoe 
of y Coancell, that soe y Nobillity may have a share in y Govern*., 
and the whole Administration may still come as neere y"" forme de- 
signed, as the Circumstances of the growing plantation will permitt. 

2. The other Seaven Propriet''., shall respectively ixominate 
theise following Officers, viz. : 

The Admirall, The JNIarshall of the Admiralty. 

The Ciiamberlamc, -[ ^'^f J^^^^ister of Births, Burials 

' ( & Marriages. 

The Chancellor, The Secretary. 

The Constable, The Millitary Officers. 

The Chcife Justice, The Kegister of Wrightings. 

The High Steward, The Surveyor. 

The Treasurer, The Receiver. 

And upon the vacancy of any of theise Officers, the Governo"" 
& Councell in Carolina, shall substitute others till that Propriet". 
pleasure can be knownc in whose nomination it is. 

3. The Govern"", together w"' the Lords Propriet". Deputys, 
the Landgraves & Cassiques that are Councellors, and the Conn- 
cell", chosen by the Parliam*. shall be the Grand Councell, and 
shall have all the power and authority of the Grand Councell and 
other Courts till theji come to be erected. The Quorum of the 
Councell shall be the Govcrno"" & sixe Councell'^., whereof three 
at least shall be Deputys of Proprietors. 

4. If it happen that any of the Lords Prop". Deputys, shall 
by death, or departure out of Carolina, or any otherwise cease to 



APPENDIX. • 355 

)3e Deputy before y Lords, Prop'^, respectively shall liave deputed 
others in their roome ; Tliat the number of Deputys may always 
be kept full, the eldest of the Councellors chosen \^ the Parliara*., 
shall be to all intents and purposes Duputy of that Prop^ whose 
former Deputacon is by death or otherwise determined, till y= s'. 
Prop""., his heir or Successor shall make another Deputy. And 
when it shall happen that one or more of the Councellors chosen 
by the Parliam'., shall by this meanes come to be Deputys of 
Prop"., new Councello" shall be chosen by the Parliam*. at its 
next Session to fdl up their places in Councell, Provided always, 
that if the Propriet". whose vacant place is thus supplyde shall 
make some other person his Deputy, then he who by eldership 
came to be his Deputy shall be Councell''. as he was before, and 
he that was last chosen into the Councell by the Parliam' shall 
cease to be a Coancell^, if tjiere be more of those chosen by the 
Parliament then there be Deputys of Proprietors. 

5. The Parliament shall consist of y Governo"", y" Deputys of 
the Lords Proprietors, the Nobillity and twenty chosen by the 
Freehoulders, and shall have power to make Laws to be rattifyd 
as in J' fundamentall Constitutions is Provided. And shall be 
assembled as often and in the same manner, a,s in y fundamentall 
Constitutions is provided concerning Parliaments. 

6. All Acts, that shall be made by the Parliam*. before our 
Government of Carolina come to be administered according to our 
fundamentall Constitutions, shall all cease & determine at y' end 
of y' first Session of Parliament that shall be called, chosen, and 
shall sitt according to y" Articles concerning Parliaments estaJi- 
lished ia the fundamentall Constitutions. 

Y. Soe much of the fundamentall Constitutions as shall be 
capeable of being put in practise, shall be y rule of proceeding. 
Signed & Sealed, this 21st of June, 1672. 

Craven, 
Shaftesbury, 
G. Carteret, 
P. Colleton. 



S. P. 0. N". Carolina, B. T., Yol. 2, p. 83. 

Agrarian Laws or Instructions from the Lords Proprietors to 
the Governor and Council of Carolina. 

21 June, 1672. 
Since y^ whole foundation of y« Government is setled upon a 
right and equall distribution of Land, and the orderly takeing of 
it up is of great moment to y« welfare of y Province. And 
though the Regulation of this need not be perpetuall, yet since 
all y concernement thereof will not cease as soone as the Gover- 



356 •early history of south Carolina. 

ment comes to be adrainistred according to y" forme established 
in the Fundamental! Constitutions, that the distribution & allott- 
ment of land inay be with all faireness & equallity, and that the 
conveniency of all degrees may be as much as is possible in their 
due proportion provided for, Wee, the Lords Proprietors of 
Carolina have agreed upon theise following Temporary Agrarian 
Laws. 

1. Before any River beginns to be planted on. The Surveyo"" 
Gcnerall shall sett out Squares of twelve thousand acres apece on 
both sides ofy' River by lines running directly East & West, North 
& South, beginning from y^ mouth of y" River, and soe following 
the course of it into y^ Country. 

2. The two first squares on y^ right hand at y' entrance of the 
mouth of the River, shall be Barronys, & bclongto the Nobiliity ; the 
three next Squares on the same side of the River shall be Collonys, 
& belong to the people. The two next Squares shall be Signiorys, 
and belong to the Lords Prop"., and the three next Squares shall 
be Collonys, & belong to the people ; the two next Squares shall 
be Barronys againe, & soe on in y'' same order. The three first 
Squares on y" left hand, at y" entrance of y River, shall be Col- 
lonys, the two next Signiorys, the three next Collonys againe, the 
two next Barronys, and soe on. Soe that of tenn Squares fronting 
on a Navigable River, sixe shall belong to y" people, two to y^ 
Lords Prop"., & two to y" Nobillity. And opposite to y» 
Signiorys and BaiTonys on one side of a Navigable River shall 
be Collonys on the other. 

3. Each tenn adjoining Squares fronting on n Navigable River 
shall belong to one County, and y" thirty remaineing Squares to 
compleat the County shall be taken out of y'' next adjacent Land 
lying backwards from y* River to make the whole Comity as 
compact as may be. 

4. Where the County backwards will admitt it, there shall be 
laid out behmde each Square three other Squares of twelve thou- 
sand acres apeece in a direct line, which three Squares thus lying 
behind shall be Signiorys, Barronys, or Collonys respectively, as 
y« foremost is, w"^". fronts on the River. But where it shall 
happen that the land doth not admit the laying out fower Squares 
deep betwixt that and the next Navigable River, there the Sig- 
niorys, Barronys, and Colonys that are behinde shall be laid out 
and appropriated to the Lords Prop", Nobillity and People, by 
direction of the Grand Councell, soe as may be most agreeable to 
y fundamental Constitutions, and convenient for the whole 
County, keeping still to the proportions of one-fifth to the Lords 
Prop™., one-fifth to the Nobillity, and three-fifths to the People 
of each County, both in quantity and goodness of land as mucli 
as may be. 

5. When a County is sett out, and the severall Squares or 



APPENDIX. * 357 

Parcells of twelve thousand acres apeece appropriated, one-fifth of 
them for Signiorys to the L""'. Prop'*., one-fifth for Barronj's to 
the Nobillity, and three-fifths for Collonys to the People, whereof 
a map shall be made and kept in the High Steward's Court. 
The Lords Prop", shall, each of them, choose one Signiory when 
he pleaseth, and if two of them come together to make their 
choice, the precedence shall be determined by lott. But noo 
Propriety shall choose a second Signiory till he hath an hundred 
inhabitants upon hisowne perticuler Signiory in Carolina. ]]ut as 
soone as he hath one hundred inhabitants upon his owne Signiory, 
he shall have liberty to choose another Signiory out of any of 
those twelve thousand acres which, being appropriated to the 
Lords Prop''., are not yet taken up, and soe on for every hundred 
inhabitants he hath upon any of his Signiorys he shall have 
liberty to take up a Signiory. Provided always, that noe Pro- 
prietor shall at any time take up or have any more Signior3's 
than there are Countys sett out and devifled into Signiorys, 
Barronys and Collonys as afores''., and mapps of tlicm lodged in 
the High Steward's Court, where his choice alsoe is to be 
recorded. 

6. Among the Landgraves he shall choose one of his Barronys, 
first out of the Squares appropriated to y Nobillity who first 
makes his demand, and ])lants on it, but shall not choose a second 
Barrony till heliath one hundred inhabitants upon his first Bar- 
rony ; nor shall he choose a third Barrony till he hath two hundred 
Inhabitants on his Barrony. Nor shall he choose his fowerth 
Barrony till he hath three hundred inhabitants on his Barronys. 
The same method alsoe the Cassiques shall observe in the choice 
of their Barronys respectively, and the choice of each of their 
Barronys, as thdy are made, shall be registred in the High 
Steward's Court. 

7. Any Landgrave or Cassique, when it is his right to choose, 
shall take any of y Barronys approi»riated to the Nobillity which 
is not already planted on by some other Nobleman. 

8. The Collonys that are appropriated to the people shall be 
planted on as the increase of the peoi)le shall spread the Plantation, 

9. At the first there shall l)e twelve Countys thus sett out, and 
twelve Landgraves and twenty-four Cassiques created, nor shall 
any more Landgraves or Cassiques be created till the increase of 
people hath extended the plantation beyond the said twelve 
Countys, and then as soone as a New County beginns in any part 
to be planted, there shall be twelve more Landgraves, and fower 
and twenty Cassiques created, and in this manner shall they 
proceed till y" whole Province be planted. 

10. In y"" more Inland parts, remote from Navigable Rivers, 
the fourty Squares constituteing a County, shall be laid as closely 
and compactly together as may be, and Ije marked & ajipropriated 
eight of them for Signiorys. eight of them for Barronys, And y' 



358 EARLY HISTOEY OF SOUTH CAROLINA. 

remaining twenty-four for Collonys by direction of y" grand 
Conncell. 

11. All Lords of Barronys and Mannors shall l^e obliged to 
have each upon his Barrony, thirty persons, and upon his mannor 
fifteene persons respectively; within seaven ycares after y^ date of 
his Grant. And whatsoever Lord of a Barrony or Mannor at j" 
end of the said seaven yeares, shall not have soe many persons on 
his Barrony or Manno"" respectivel}', shall be lyable to such fine as 
the Parliament in Carolina shall thinkefitt, unless the Lords Pro- 
prietors shall allow him longer time for planting his Barrony or 
Mannor with people to that proportion. 

12. Whosoever of the Lords Proprietors is behinde in his parti- 
cular share of the comon charges in carrying on this setlement, 
And hath not paid in his proportion equall to those of the Lords 
Proprietors who have paid most, shall not, dureing his being soe 
))ehinde upon any vacancy in any of y^ eight great offices belonging 
to the Proprietors, have his choice according to his age. But 
those of the Lords Proprietors who have paid in their full shares 
shall choose first according to the precedency of his age respec- 
tively, and the rest according to his payments, he first who hath 
paid most & soe in order. 

Id. Whosoever alsoe of the Lords Proprietors shall be behinde 
hand as aliovesaid, shall loose the election of any Officer that 
dureing his being behinde hand shall fall in his guift and the power 
of election shall devolve to the Pallatines Courte. 

14. Whosoever alsoe of the Lords Proprietors shall be behinde- 
hand as abovesaid at the time when Landgraves and Cassiqucs 
are to be nominated and chosen if he pay not in his inony to his 
full proportion \vithin three months after demand shall for that 
time loose his nomination of a Landgrave and two Cassiques. 
And his nomination for that time shall devolve into y" Pallatines 
Courte. 

15. The one hundred and fifteenth Article of the fundamentall 
Constitutions shall not take place till the Lords Proprietors that 
have laid out mony in carrying on the Plantation be re-imbursed 
w"". such satisfaction as shall be agreed on among themselves. 

16. The people shall plant in Townes-W''. are to be laid out 
into large, straight & regular streets, and suificicnt roome left for 
a Wharfe if it be upon a Navigable lliver 

17. There shall be but one Port Towne upon any Navigable 
River for the first thirty yeares after the beginning to plant on the 
said River. 

18. That Square of twelve thousand acres wherein any Indian 
Towne stands, and the next Square to it are to be left untaken up 
and unplanted on for the use of the Indians. 

19. Noe Indian upon any occasion or pretence whatsoever sh.ill 
be made a Slave, or without his owne consent carryed out of 
Carolina. 



ArrENDix. 359 

20.. When th« Clicife Capitall City of the whole Province of 
Carolina shall come to be agreed on and sett out it shall stand in 
tome precinct. And round about the said precinct there shall be 
eight Signiorj's for each of the Lords Prop''^ one. 

21. The Governour and. any three more of our Deputys shall, 
upon his respective demand give their Warrant to the Surveyor 
Genneralltosettout to every man such land as by our Concessions 
he hath a right to, and in such portions and manner as in our 
fundamental! Constitutions, Temporary Laws & Instructions is 
provided. 

22. All originall Grants of Land shall be signed by none but 
o^ Deputys, And the Governour and any three or more of our 
Deputys signeing and sealing it w"'. the scale of the Pallatinate, 
shall make a good title, the deed being enrolled in the Kegister's 
office. 

23. If the Governour and Councell in Carolina shall at any 
time hereafter represent to the Lords Proprietors that any of the 
Agrarian Laws for takeing up and setting out of Land are incon- 
venient, the Lords Proprietors reserve to themselves a power of 
altering the same. 

[Loc. Sig.] Shaftesbury, 
[Loc. Sig.] Craven, 

[Loc. Sig.] II. CORNBURY, 

[Loc. Sig.] G. ClRTERET, 

[Loc. Sig.] Jo. Berkeley, 
[Loc. Sig.] P. Colleton. 
June y" 2P*, 16T2. 



S. P. 0., N°. Carolina, B. T., Vol. 2, p. 68. 
Captain HalslecVs Instructions. 

1 May, len. 

1. Cap'. Halsted, God sending you safe to River Ashley, You 
are to deliver y eight lesser Guns with theire Carnages to y* 
Governor & Councel there, & you are with all convenient 
speed to procure a loading of timber, pipe staves & other Com- 
moditys to y Ship Blessing, fit for y Market of Berbados, of 
\f-'^. you are to get y^ best information you can of persons upon y* 
place, and if need be to make use of y Lords Proprietors Servants 
under j" care of M^ West to helpe to fell and load y^ same. 

2. Dureing y loading of y ship you are to take an ace', of M''. 
Joseph West, concerning those following particulars. What they 
were. How they have been disposed of. How those y'. have 
been disposed of are to be payd for, & what remaines. 

1. The Provisions of Victuals put on shoare at theire first 
landino-. 



860 EARLY HISTORY OF SOUTH CAROLINA. 

2. The Provision of Cloths. 

3. The Stores of War. 

4. What Cask was put on shoare, y*. y^ rest may be accounted 
for by M"". Braine. 

5. The Fishing Trade. 

6. The Indian" Trade. 

I. £26 5'. 6". y remainder of £61 p''. M'. West by M^ Port- 
man upon my L''. Ashley's order, w^". £26 5'. 6''. M"'. West 
never accounted for. 

8. The Cargo from Virginia. 

9. The Provisions received from Bermudos. 

10. The Lords Prop", finde y'. M^ West and jNP. Brayne at 
theire being at Bermudos, drue upon M^ Colleton two six thou- 
sands pounds of Sugars, & since y'. 12,000 pounds more of sugar 
hath been drawne upon M^ Colleton. Wee desire to know what 
this 24,000 pounds of sugar was layd out in, and how y" eifects 
disposed of. 

II. The Beefe & Flower sent by M\ Colleton. 

3. At your comeing alsoe to Ashley Eiver, you are to deliver 
y^ Cargo to M^ West and take his receite for all y" particulars 
thereof. 

4. If you have any time dureing y^ Ships loadeing at Ashley 
River, y. are to take a view of y^ Countrey, especially of y^ River 
Ashley, & thereon to seeke for a healthy highland, convenient to 
set out a Towne on as high up as a Ship can well be carried, and 
of this to bringe up a particular exact Description, y^ same thing 
you (if ypu have time,) are to doe in Wando River, and alsoe 
Sewa River. 

5. You are to informe yselfe alsoe dureing y^ stay you shall at 
any time make in Carolina, concerning y" healthynesse, richnesse 
& other Propertys of y^ soyle, y" usefull Productions of y^ Coun- 
trey, & enquire w*. masts y° Countrey products, of w*. Diameter y* 
largest, and whether y" great ones grow near y" sides of any 
Rivers by w^*". they may by water be brought to the ship, & to 
bring Samples of Casini and theire dying Stnffes, &c. 

6. As soone as y" ship is loaden you are to goe with her to 
Berbados, & there touch at Augnstins & enquire of y" health of 
y*. Island, & if you finde you may safely trade there you are to 
sayle to j" bridge Towne, & there dispose of y" Timber, &c. on 
board y best you can for our advantage, selling it if possible you 
can for ready money, if you cannot you are to consult with M^ 
J"". Strode, & take all otherways you can to informe yourselfe w'. 
persons you may trust. 

t. If you have trade at Berbados, you are to consult with Sir 
Jn". Yeamans & M^ Tho. Colleton of y^ best course you can take 
to get a quicke fraught of Passengers for River Ashley (y^ carry- 
ing of Passengers being y maine end of our sending out this 
Ship,) and you are to lay out y^ produce of y Cargo of Timber, 



APPENDIX. 361 

&^, & what you shall get for fraught of Passengers, &"=., in Rum 
and Sugar and other goods fit to make a Cargo for y" trade of 
Virginia. 

8. At Berbados you are to enquire and bring us an ace*, w^ 
those Bills charged upon us by M'". Colleton were for. 

9. As soon as you have gotten your loading of Passengers you 
are to sayle to River Ashley againe, and as soon as y" ship is 
there deliverd you are to sayle to Virginia and there lay out y" pro- 
duce of y^ Rura & Sugar in Cattle, w^*". you are to transport to 
Ashley River, and these deliver to M"". West, y' remainder of y^ 
Cargo you are to lay out in Provisions, &"=., fit for j" market of 
Berbados, if there be not any need of them in Carolina. 

10. Dureing your stay in Virginia you are to state y' ace", 
between us & M". Godwin & M'. Bennet, concerning w^". you 
must remember. 1". That they give us noe ace*, at all w^. our 
Cargo yielded w^"". came into theire hands, as appears by their 
letters, & whereof you have an Invoye was sold for there. 2'^. M"". 
Bennet states his ace', to us in money, whereas y*" scale of Com- 
merce in that Countrey being Tobacco, wee have reason by y" 
prices wee finde sett downe in his ace', to thinke he recond all 
those things too dear, W^""., 3''. Wee have more reason to suspect, 
because he Hath not as M^ Godwin has set downe in his ace', y" 
Persons from whom he bought those things wee had of him. 
Concerning all these acc'^ of Virginia, y" rates of y" things 
therein mentioned, & y" way how wee may have right done us you 
are to apply yselfe to S". William Berkley & S'. Henry Chichley 
& M'. Applewaight, and to informe yourselfe by any other ways 
y'. you can. 

11. God sending you safe to River Ashley you are to sayle to 
Berbados with another Cargo of Timber, &''., y produce whereof 
you are to invest in a Cargo fit for y" Bahamas, and if Passengers 
doe present, to sayle from thence to Ashley River, and from Ash- 
ley River to New Providence, and there to deliver y"" Boxes & 
Letters sent by you, & y" 4 Sakers with theire Carriages, & y« 
shot belonging to them, and y* 2 Barrells of Powder to y" 
Governor there, for y^ use of y" Island, and make use of his 
assistance for y" sale of y" rum and Sugar for j" procureing you a 
loading of Brasiletto wood, and w'. else is to be had thei'e fit for 
y"= Market of England, with w''., if y" ship be full you are to come 
directly for London, if shee be not, you are to touch againe at 
River Ashley, and fill her with y'' best Stocks of Cedar you can 
finde, & from thence to sayle for London. 

12. If you shall judge it unsafe to trade at Barbados by reason 
of any infectiouse disease there, you are then with as much safety 
as you can to deliver y* Timber to M'". J"". Strode, & haveing 
gotten on board things necessary to load salt, you are to sayle to 
the Salt Tnrtugos, and there load your ship with Salt, & sayle 
with her to Virginia, & from thence, as is above directed 

31 



362 EARLY HISTORY OF SOUTH CAROLINA. 

13. In all y trips you shall make to any place in y" West Indies, 
yo" are still to remember y'. y" cheife imploym*., wee send our 
ship for is to carry people to our Plautacou at Ashley River, 
yv"^. designe you are mainely to intend, and to minde y= other 
businesse of Traffique but as it may be in subserviency to y*., and 
in concurrence therew"'., may helpe to beare y'' charges of our 
Ship whilst shee is abroade. 

14. In all y"" places you goe, you are to learne as much as you 
can, any of y'' husbandry of Manufactures of y" place, w^". may be 
usefull to our people in Carolina, as particularly in "Virginia y° 
sorts, & ordering of mulberry trees, Silkeworms & all belonging to 
y<= right way of makeing y'* best Silk, Tobacco, Indigo, Cotton, 
&c., & this to communicate to our people at Ashley River, & 
particularly you arc to carry from Virginia some of y" best sort 
of mulberry trees for Silkworms & plant them there. 

15. You are to consult with y'' Governor & Councel at Ashley 
River about y" best wayof disposeing of our Stores, and our being 
repayd by j" Pceple for w'. wee trust them with, and to informe 
them y'. as wee aime at theire thrivcing, and to that end have 
been soe much out of purse, soe wee expect from them faire and 
punctuall dealeing in repaying us for what wee let them have, 
upon w^''. faire dealing of theires will depend y'' continuation of 
our Supplys. 

16. If you shall by any accident at anytime before your second 
voyage to Berbados touch at Bermudos, you are there to leave 
with M''. Jn". Dorrell, Sen^, y'' Duplicates of our Dispatches to 
New Providence, to be sent forwards thither by y^ first opertunity. 

11. If dureing y^ being abroad you shall tinde y'. a Trip to 
any other place, or in any other order than w*. wee have here 
directed, shall better serve to y" Lords Prop", designes of carrying- 
people and turne to better account ; Wee then leave it to your 
prudence, still keeping in your eye our mayne designe as in Article 
J" 13, onely wee would not have you at all goe to Jamaica upon 
any pretense. 

18. You are to take an account of y'^ ships stores & y'' expcnces 
thereof, from time to time dureing j" whole voyage. 

Craven,' 
Ashley, 
G. Carteret, 
P. Colleton. 
Whitehall, May P, 1671. 



.APPENDIX. 363 

S. P. 0. N". Carol., B. T., Vol. 2, p. 1i. 

Lords Proprietors to Cajpt. Hahted. 

2 January, 16U-2. 
Capt. Halsted, 

We have received your Dispatcbes, both from Barbadoes & 
New York, and are extremely well satisfied with your manage- 
ment of our affairs, and the account you give us thereof. Having 
taken new resolutions concerning your stay abroad, you are to 
govern yourself by these following Instructions : 

1. If these Instructions meet you at Barbadoes, & a sufficient 
freight of passengers or goods for Carolina present there, you are 
with all speede to loade and saile for Ashley River. 

2. When you have unloaden at Ashley River, you are to take 
in y^ Carriages sent by Capt. Jeffryes, belong-', to the Guns 
appointed for Providence, & with them and other things directed 
to Providence you are to saile thither. 

3. If no sufficient freight present at Barbadoes for Carolina you 
are then to saile from Barbadoes directly to Providence. 

4. God sending you safe to Providence, you are there to deliver 
up to Capt. John Wentworth the Commis". herewith sent you, & 
the other things as in your former Instructions, & having enquired 
out the fit men to be our Deputies, you are to fill up the blank 
Deputations herewith sent you. My Lord Craven having formerly 
deputed Cai)t. David, My Lord Ashley, John Robinson, Sir 
George Carteret, Pvichard Jones, & Sir Peter Colleton, Jarvie 
Ingolsby. You are to continue as many of them iu the same 
Deputuations as you shall find not to be unfit. 

5. We having intentions for the better support of the peo]>le, 
& settlement of that Plantation, to set up a Factory there, you 
are carefully to inform yourself in these following particulars : 

1. What numlier of people are upon the place. 

2. What goods are there most wanted, & will sell best. 

3. What quantities the people will take off. 

4. What commodities the Island doth afford, & the people are 
able to make returns in. 

5. Whether they are able to make ready pay for what we 
furnish. 

G. If we should trust any of them what security could be given 
for our repayment. 

Y. Whetlier there be any one upon the place fit for us to 
entrust as our Factor. 

8. What Whales do haunt those Islands, & what profit might 
be made by setting up a whale fishery. 



364 EARLY HISTORY OF SOUTH CAROLINA. 

9. What vessels use the trade of those Islands, and what wages 
they make as to profit. 

6. We having prohibited the cutting of Brasiletto wood, & y« 
coasting for Ambergris, Spermacetti & wrack good to any but 
such as the Governor, three of our Deputies, & our agent, whilst 
there, (which you now at present are) shall license. , We W. have 
you let the Govern'' know that we W. have none licensed when we 
have a Cargo there, to cut Brasiletto wood, or to coast for 
Ambergris, &c., but such as will not only give security to make 
good to us one-fifth part of Ambergris, &<=., W^"* we reserve to 
ourselves, but also to sell us all the wood they shall cut, & y* 
remaining four parts of all the Ambergris & Spermacetti at 
reasonable rates agreed with them. In w'''. trade the Governor, 
if he pleases, shall have a share with us. 

7. In ord^ to this trade We intend to have a Factory there, & 
to keepe a stock going for Brasiletto wood, & for these other 
things above mentioned. And to this purpose we w". have you 
prepare the business, & try what rates v/e may agree with the 
people to have them at when we send a Cargo thither. And till we 
have goods there to pay for them, those who are licensed are 
only to deliver the one-fifth part (which we reserve) to our agent, 
& in his absence to the Governoi-, but their own shares, being the 
remaining four parts, they may dispose of as they please. 

8. Having dispatched all things in Providence according to 
your Instructions, you are to take in what Brasiletto wood or 
other Commodities present fit for y market of London upon 
freight or otherwise, & from thence sail to Ashley River, & there 
complete y^ loadeing with the choicest stocks of cedar squared, & 
soe come directly hither. 

9. At y. return to Carolina from Barbadoes you are to take 
what order you can with M"". West that a ship loadeing of square 
stocks of Cedar be readye for you against your returne thither 
from Providence. 

10. In all the. stays you shall at any time make at Ashley 
Biver, we w*. have you make what discoveryes you can in the 
Rivers & Countries thereal)outs, wherein we have writ to the 
Governor & Council to be assisting to you. 

Your very loving Friends, 

Ashley, 
Cravex, 
G. Carteret, 
P. Colleton. 
Whitehall, 2* January, 1671-2. 



APPENDIX. 865 



S. P. 0. North Carolina. B. T., Vol. 2, p. 90. 

Concessions ofy' Lords Prop'', of Carolina to certain persons 
in Ireland. 

31 August, Wl± 

Every freeman that arrives in Carolina to plant there w^^'m. one 
yeare after y^ date hereof, shall have for hinisclfe one hundred 
acres of frechould. And for each man servant above sixteene yeares 
of age he carrys \v«\ him, or causeth to be transported, one hun- 
dred acres. And seaventy acres for each Woman he carrys w'\ 
him in his family or causeth to be transported. And seaventy 
acres for each man servant he carrys w'" him under sixteene years 
old, to him & his heires for ever, paying to r Lords Proprietors 
after y= yeare 1G89, one penny p^ acre annuall rent. 

Every servant when out of his or her time, shall have seventy 
acres of frechould for ever under the same rent. 

Those that goe inay (if they please) take up one or more 
Collonys according to their number, and y" quantity of land granted 
by theise concessions entirely to themselves, wherein they may 
have y« free exercise of their Fvcligeon according to tlieir ownc 
discipUne. And alsoe such as carry people enough to have right 
to soe great lotts, may if they please, take up manners, vid. fund, 
const. : n. 

It is required of them in order to their better settlement that 
they plant together in townes, & build not their houses straglingly 
one from another, such sollitary dwellings being uncapeable of 
that benefitt of trade, y^ comfort of society and mutuull assistance, 
w^'=\ men dwelling together in Townes are capeable of giveing one 
another. And therefore in each Collony there must be at least 
one Towne, the placeing whereof we leave to their own choice. 
But y Streets we W. have for y'' convenience of the Inhabitants, 
straight, broad and reguler. 

The Worthy person the Undertaker, if he gett 600 men to be 
transported thither w"'in a yeare, shall be made a Landgrave, vid. 
fund. cons. : 9, and have fower Barronys. If 900 he shall (besides 
being himselfe a Landgrave) have the nomination of a Cassique. 
If twelve hundred or upwards, he shall have the nomination of 
two Cassiques. 

Every man that goes must carry w*''. him at least one yeares 
provizion, and for other things to be carryed and y^ best way of 
transporting themselves and stocks, we will "rive them the best 
advice we caun. 



31^ 



366 EARLY HISTORY OF SOUTH CAROLINA. 

S. r. 0. N". Carolina. B. T., Vol. 2, p. 62. 
Instructions to the Governor and Council of Ashley River. 

1 May, ICn. 

\_Parliam'.'\ — 1. You are within thirty days after receit hereof 
to summon y" Freeholders of y Phiiitation, & require them in our 
names to elect 20 persons who, togeather with our Deputys as our 
Kepresentatives, for y* present are to be your Parliam'., by and 
with wliosc consent, or y major part of them, you are to make 
such Laws as you shall linde necessary, W''. Acts shall be in force 
as in y'. case is provided in our Fundamcntall Constitutions & 
Temporary Laws. 

[_Parliani'.'] — 2. After y same maner till our Fundamental! 
Constitute, can be put in practice yo" are to call a Parliam'. y 
first Monday in Novemb''. every two years, and as often besides as 
y^" state of our alfaires in o^ Plautat", shall i-equire. 

\_Grand Council.']— Z. You are to require y Parliam'. to 
choose five men whom they think fittest to be joyned with ouv 
live Dcputys, who with y" five eldest men of the Nobility are to 
be your Grand Councell. 

[100 Acres.] — 4. You are to take notice y*. wee doe grant 
unto every free i)erson y'. shall arrive to plant & inhabit in Caro- 
lina before y 2(;"' March, 1672, 100 acres, & 100 acres more for 
each growne man Serv'. they bring with y'". or cause to be trans- 
ported into y s". Province, & 10 Acres for each Woman Servant 
they bring with them, or man Sery'. under 16 years of age, and to 
every servant y*. shall arrive before y'. time 70 acres, to his or her 
proper use when they shall respectively be out of their time, to 
y'". and their Heirs forever, & y" same conditions wee grant to all 
persons y'. shall arrive to plant & inhabit in Carolina after y s''. 
26 March, '72, untill you receive from us farther Instructions con- 
cerning this matter. 

[_Squares.'\ — 5. You are to cause y Land to be layd out into 
Squares, each containeing 12,000 Acres, w"^". Squares are to be 
bounded by Limits runcing directly from East to West, & from 
North to South, and be set out for Seignurys, Colonys & Bar- 
ronys, as in y. former Instructions. 

[^Toivnes.'] — 6. You are to cause all y'. take up Land in one 
and y same Colony to set their houses togeather in one place, but 
y place w^''. shall be set out for y'. Towue wee leave to y choice 
of y Inhabitants themselves of each Towne respectively. 

[il/oc/c//.*] — 7. When y place for y= Towne is chosen by those 

« That yo Model of ye Towne mentioned, 7, was of streets runing strait, whereof 
re largest "was 80 foot, ye back street to yt. 40 foot, ye ue.xt, 60 foot, k ye back 
street 30, weh. streets divided the Towne into Squares, each of whose sides was 
OUO foot. 



APPENDIX. 367 

who are to dwell in it y" Surveyor shall lay out Streets according 
to y modell herewith sent as near as y" particular scituation of y" 
place will admit, and those who afterwards build in y'. Towne 
shall set thcire houses fronteing to those Strectessoelaydout and 
take soe many foote as in y'" Front of theire building towards y 
Street in breadth, and soe farr backwards towards y next street 
behind, in length as shall be convenient for outlet, Ijclonging to y^ 
s''. house, that soe when hereafter y*^ Towne shall come to be built 
with good houses, y" Streets alsoe may bo large, convenient and 
regular. 

[TFAfl?-/.] — 8. In all Townes built upon navigable Rivers, or 
Rivers capable of being made navigable, noebody shall build a 
house within 80 foote of y" low water marko, but it shall con- 
stantly be left for a Wharfe for y° publick use of y'" Towne. 

\^Common.^ — d. Hound about y" place chosen for y'^' Towne to 
be built- on there shall be set out a Common of 200 acres, where 
y'' Inhabitants of y Towne at theire first comeing may plant theire 
Provisions, whilst y^ Surveyo"" is measnreing out y''. distinct home 
& out Lotts, w^*". common shall be made use of by y- s''. Towne 
for y'' planting of Provisions for each housholder, proportionably 
to y" number of persons in his Family for y'^ first one & twenty 
years after theire planting there, and after y'. time shall be a piece 
of ground belonging to y" Inhabitants of y Towne in Common 
for y"" feeding of theire Cattell, exercise of y people, enlargem*. or 
any other Conveniencys of y s''. Towne as occasion shall require. 

[io/8.] — 10. In y setting out y" lands for y"" Inhabitants of 
any Towne in any Colony you shall set out for each freeholder in 
two Lots, one called his home Lot, all in one peice, consistcing of 
not above one tvventyeth part of his whole rigiit, and y other 
remayneing part called his out Lot in anothei*, altogeather in 
what place he shall like best, provided it be not within that dis- 
tance of y'' Towne w"^". is designed for home Lots for others, and 
in setting out all y lots noe man shall have more than one fifty 
of y^ length of his Lot to front upon any Navigable River, or any 
River capable of being made Navigable. 

[J?iZa?2f/.] — 11. Wee would have you as much as you can to 
direct and perswade y people to plant as far up in y Countrey as 
may be to avoyd y ill aire of y low lands near y Sea, w''". may 
endanger theire health at theire first comeing. 

l^Port.'] — 12. The first convenient healthy highland upon y» 
River Ashley we desire you to send us a Description of, & your 
opinion whether it be not fit to build y Cheife Port Towne on y' 
Ptiver for y unloading of ships y'. shall come to Carolina. 

[i!fo^).] — 13. You are alsoe to send us a Descri})tion of River 
Ashley & Wando River, drawne by a Compasse and Scale, and a 
Map of y Countrey divided into Squares of 12,000 Acres apiece, 
by linos rnneing East & West, North & South. 

[_Indians.^ — 14. If any people shall, with armes invade you 



36S EARLY HISTORY OF SOUTO CAROLINA. 

and with Acts of Hostility molest you in your Plantacon, you are 
to defend yourselves against them and doe for your preservation 
and future security what y". shall fiude requisite, but you are always 
to remember to keep a faire correspondence with all y"^ people 
round about you who doe you hoc harme, and to be very carefull 
not to give them any occasion of oH'cnce, and to make them ample 
satisfaction when any of our people shall doe them any injury by 
punishing y Offenders, and making them Reparacon. 
■■ [jBeorfs.] — 15. Since a great part of y'' Commodityes wee 
have from y^ Indians is bought with beadcs, and it is of great 
concernm'. to our ])eople there, y*. y" value of beades should be 
kept up with y"" Indians, if you have not already better provided, 
y'. it may be done, We would have one or two of y- discreetest 
men in every Towne, be chosen and appointed by y« Inhabitants 
of y s"*. Towne to truck w"'. y Indians ibr ]3eados, and y'. noe 
body else be permitted (but men soc appointed) to give y Indians 
beades for any Commodity, Ijut y'. whoever would buy any thing 
of an Indian for Beads, should bring y*" Indian and his Commodity 
to one of y men soe appointed, who shall agree w"". y Indian for 
y Commodity at such a quantity of beads as he shall thinke fitt & 
reasonable. That soe bywy Covetousenesse or ill managcm*. of 
any of y private })lanters, y rate of Beades may not be brought 
low among the Indians. The choice of those men who are thus to 
trade with y Indians shall be in every Towne once every month. 

[»S7o?-e«.]i — 16. You are to take care y*. by a too forward and 
easy disposeing y^ things in our Stores, our Stock of Provision 
and other Comodityes there be not spent idely, W''. are to be kept 
there for and allowed onely to such as stand in absolute necessity 
of them. You are alsoc to take care y'. those y'. take them up pay 
us in wcrke or y produce of y'' Countrey. 

l^l'imhcr.'] — * 18. You are to take care upon y arrivall of our 
Ship, y Blessing, y'. there be forthwith provided a Ship loading 
of such Timber as Capt. Halsted, Capt. of y said Ship shall 
direct, and for y speedier Dispatch away of our s"". Ship. 

[Dci^.s.] — * Wee would have you to indeavour to procure such 
and soe many of those who are in our Debts for things taken out 
of our Stores, to worke at moderate rates about y cuting, square- 
ing, and loading of y s**. Cargo of Timber, as shall be convenient 
fory'expediteingy' same s''. worke and quick Dispatch of our s'^. 
Shipp. 

[^Landgravefi.'] — 19. You arc to take notice y'. wee have made 
]VP. James Carteret, S"". Jn". Yeamans and M^ J"". Locke, Land- 
graves, and you are accordingly to set them out theire Barronys 
according to our Fundamental! Constitucons and Temporary Laws, 

* It will bo seen No. 17 is missing, but the following instruction which should 
be 18 is not numbered. 



APPENDIX. 369 

when ever they or either of them, or any one authorized by either 

of them, shall require it respectively. 

[_Wa>js.^ — 20. In y^ grantint^ and setting out every man's Lot, 

you arc to reserve convenient high ways from y* Colony Towne to 

y Plantations y*. shall be beyond it, and from one Colony Towne 

to another. 

Craven, 
Ashley, 
G. Carteret, 
P. Colleton. 
White Hall, 1" May, 1G71. 



S. P. 0. North Carolina. B. T., Vol. 2, p. 19. 

Instructions to ye Governor & Council of Carolina at Charles 
Towne on Aside j Biver. 

IG Dec, icn. 

1. In the Government of our affairs in the Plantacon committed 
to y. care, you are to follow such rules as we have given in our 
Fundamentall Constitutions, Temporary Laws & Instructions 
formerly sent. 

2. You are to take notice that in all our Instructions formerly 
or hereafter to be sent, that of the latest date (where they at all 
vary from one another) is always to take place. 

3. You are always from henceforth to fill up y" Grand Councill 
from time to time, with a number of Councellors chosen by y® 
Parliam'. equall to y number of our Dcputys. 

4. You are to prepare such Bills as you shall thinke convenient 
for y* good of y" Plantacon, & to present them by y Parliam*. to 
be passed (if y" Parliam*. thinke fit) into laws. For there is noe 
thing to be debated or voted in y* Pari*., but w*. is proposed to 
them by y" Councill. 

5. You are upon all occasions to afford Capt". Ilalsted all y« 
assistance you can, in y" discoverys we have ordered him to make 
up y*" rivers or in any part of y^ Country where you arc planted. 

Signed & Sealed. 

Craven, 
Ashley, 
G. Carteret, 
P. Colleton. 
Whitehall, 16"' Dec, 'U. 



3T0 EARLY HISTORY OF SOUTH CAROLINA. 

The nature and scope of the various powers exercised by the 
Grand Council, as well as many intimations of the condition and 
circumstances of the colonists during the first two years of the 
settlement, may be gathered from the following extracts from the 
MS. Journals of the Council. Some account of the volume from 
which they are taken, together with further extracts from the 
same, will be found in Dalcho's Church History, and in a pamphlet 
published some years ago, called Topics in the Hist, of So. Ca. 

[]G71, August 28. (?) ] — Upon full and mature deliberation had 
by the Governor and Councill upon the matter of the Oath admin- 
istered to, and taken by the several members of the Grand Councill 
elected and chosen by Parliament into the same, according to the 
Lords Proprietors directions, which said oath followeth in these 
words, vizt. : You sweare that as a Councellor, and therein 
assisting with your best advice to the Governour of this Province 
of Carolina, for the time being, for and on the behalfe of the Lords 
Proprietors and Freeholders thereof, to the best of your skill and 
power you shall faithfully act and doe. You shall doe equall right 
to the rich and to the poore ; you shall not give, or be of Coun- 
cill for favor or affection, in any difference or quarrell depending 
before you, but in all things demeane and behave yourselfe as to 
equity and justice appertaines, and your place aforesaid requires, 
observing from time to time, the rules and directions of the Lords 
Proprietors, the Laws of England, and the laws that are and shall 
be established in the said Province for the best avayle of the Set- 
tlement thereof. You shall not of yourselfe communicate the 
secretts or other transactions of the Governor and Councill to any 
person not of the Councill, without sufficient authority for the 
same, soc helpe you God. 

Upon the hearing of the Petition, John Norton and Originall 
Jackson, against Mr. Maurice Mathews and others. It is ordered 
that the petitioner doe appeare before the Governor and Councill, 
upon Saturday, the ninth day of September next, peremptorily to 
prosecute the said Complaint against the Defendants. Capt. 
Florence 0. Sullivan, Surveyor Generall of this Province, and 
John Culpeper, Surveyor, Laving this day come before the 
Governour and Councill, did then and there declare an agreement 
between them, the said Captaine Sullivan, and John Culpeper, 
as followeth, &c. 

Mr. Stephen Bull, Mr. William Owen and Mr. Thomas Gray, 
are appointed by the Governour and Councill to prepare an 
answer to the Lords Proprietors, to be ready against Thursday 
next, being the 3P' Instant. 

[Sept. 5th, 16T1.] — The Governor and Councill having con- 
sidered how to dispose of the people arrived in the Lords Pro- 



APPENDIX. STl 

prietors Ship Blessing, agreeable to the said Lords Proprietors 
directions, and most convenient for the security and wellfare of the 
said people, have ordered and ordeyned (nemine contra dicente,) 
a certayne parcell of land conteyning five and twenty acres, west- 
ward from the marsh Joyning to the west side of the land layd out 
for Mr. Thomas Gray uere this Towne, and so running along 
Stonoe Creek, be laid out for the Towne, whereof five acres shall 
be reserved for a Churchyard, and the rest of the land backward, 
on the said marsh, be preserved for planting lotts, for the said 
people, and others who shall hereafter arrive to settle there. And 
it is fui'thcr ordered by the said Governor and Councill, that the 
said people shall forthwith goe and settle their sevcrall proportions 
of land allotted to them, in and about the said Towne, (.that is to 
say,) four poles of land within the Towne, for a Towne Lott, and 
five acres without the Towne, for a planting lott, for every person 
in each family. 

And for the avoiding of all variances and differences in the 
choice of the said lands, It is ordered that all and every the said 
Freeholders, shall draw a lott or chance where his land shall lye, 
and that the person or persons so drawing the first lott, shall have 
his land laid out, proportioned as aforesaid, next adjoyning to the 
marsh, upon the westward of Mr. Thomas Gray's land as afore- 
said, and so successively each line u})on his neighbors, according to 
their lotts, (fitt and convenient pathes and Streets from the water- 
side, and fifteen foot in breadth, along the water, for a public 
landing place, being first laid out and allowed,) with the best 
convenieucy that may be, whereby every man may goe out of his 
Towne lott to his planting lott. And it is also ordered by the 
said Governor and Councill, that whatosever person or persons, who 
shall draw lott, as aforesaid, or issue out any warrant for any of 
the said land, doe not effectually follow the Surveyor Generall or 
his Deputy, to cause his or their proportions of land to be laid out 
according to such lott or warrant upon the same, doe settle within 
three months after the drawing of the said lott, or date of such 
warrant, such person or persons soc neglecting, shall forfeit such 
his proportion of land there, by reason of such lott or warranty, 
from and after the expiration of three months, as aforesaid, to be 
disposed of as the Governor and Councill shall then thinke fitt. 

[Sept. 9th, 16T1.] — Upon hearing the matter of the petition 
of John Norton and Original Jackson, against Mr. Maurice 
Mathews, Mr. Thomas Gray, and Mr. William Owen, both par- 
ties having referred themselves to the determination of the 
Governonr and Councill, that the said John Norton and Original 
Jackson, shall have the sixteen peices of Cedar Timber desired, 
and one peice of Cedar Timber more, claymed by the said Mr. 
Maurice Mathews, Mr. Thomas Gray, and Mr. William Owen, &c. 

Upon hearing the matter of the petition of Cap^ Ilobert Donne, 
against Mr. Henry Hughes, It is ordered by the Governor and 



372 EARLY HISTORY OF SOUTH CAROLINA. 

Couiicill, that the said Henry Hughes shall pay one bushell of 
corne to the said Pi,obert Donne, for his labour and paines in the 
said Henry Hughes, his plantation. Upon consideration this day 
had of the address made by Richard Rowser and Philip Jones, 
Servants to Mr. John Manerick, and how industrious and useful! 
the said persons have been in this Collony, for their better en- 
couragement. It is ordered by the Governor and Councill, 
(neraine contra dicente,) that the said Richard Rowser and Philip 
Jones, shall each of them have ten acres of land, nere this Towne, 
bounding to the Southward of the lands laid out for Cap*. Gyles 
Hall. 

[Sept. 23d, IGTl.] — Upon consideration this day had of the 
complaints of diverse persons in this Collony, who have had their 
armes lying a long time in the hands of Thomas Archcraft, Gunn- 
smith to be fitted, and by no means can get them dispatched, and 
considering what great necessity there is that all the armes in this 
Collony, should be alwa3's ready and well fitted for service, in case 
of any suddain alarum, It is therefore ordei'ed, and ordeyned by the 
Governour and Councill, that the said Archcraft, shall forthwith 
make ready and fitt up all the armes that are now in his custody, 
and that slnill be brought to him for that purpose. And that the 
said Archcraft shall not worke upon any other worke, untill he 
hath finished the said Armes. 

And it is further ordered by the Governour and Councill, that 
the said Archcraft, shall not make any Indian hatchetts for any 
person or persons whatsoever, without special lyecnce first had and 
obteyned from the Governour and Councill for the same. 

[Sept. 27th, 1671.] — The Governour and Councill taking into 
their serious consideration the languishing condition that this 
Collony is brought into, by reason of the great quantity of Corne 
from time to time taken out of the plantations by the Kussoe and 
other Southward Indians. And for as much as the said Indians 
will not comply with any faire entreaties to live peaceably and 
quietly, but in stead thereof upon every light occasion, have and 
cloe threaten the lives of all or any of our people whome they 
will supose to them, and doe dayly persist and increase in their 
insolencyes soe as to disturbe and invade some of our plantations 
in the night time, but that thecvill of their intentions have hitherto 
been prevented by diligent watchings. And for as much as the 
said Indians have given out, that they intend for and with the 
Spaniards to cut off the English people in this place, and have 
been observed to make more than an ordinary preparation for some 
such purpose, and have altogether withdrawn themselves from that 
familiar Correspondence with our people which formerly they used, 
whereby the more friendly sort of Indians are very much dis- 
couraged and retarded from entertaining any Amity or trading 
with our people, by all which and many other evident Consequences 
and hostile postures of the said Indians, It is adjudged by the 



APPENDIX. 373 

Governour and Council aforesaid, that the said Indians are endea- 
vouring and Contriving the distruction of this settlement and his 
Majesties subjects therein, for the prevention of which. It is advised 
and resolved and thereupon ordered and ordeyned by the said 
Governour and Couucill, (nemine contra dicente) that an open 
warr shall be forthwith prosecuted against the said Kussoe Indians 
and their Coadjutors, and for the better effecting thereof, that 
Commissions be granted to Capt. John Godfrey and Capt. Thomas 
Gray, to prosecute the same eflectualy. And that Mr. Stephen 
Bull doe take into his custody two Kussoe Indians now in this 
Towne, and theme to keepc with the best security lie may, till he 
receive further orders from this Board. 

[Oct. 2d, 1671.] — Upon consideration had of tlie disposing of 
the Indian Prisoners, now brought in for their better security and 
maintenance, It is resolved and ordered by the Grand Councill, 
that every Company which went out upon that expedition, shall 
secure and maintaine the Indians they have taken, till they can 
transport the said Indians, but if the remaining Kussoe Indians, 
doe in the meane time come in and make peace, and desire the 
Indians now prisoners, then the said Indians shall be set at liberty, 
having first paid such a ransom as shall be thought reasonable by 
the Grand Councill, to be shared equally among the Company of 
men that took the Indians aforesaid. 

[Oct. 4th.] — Upon consideration of the most secure disposing 
of the store of Guiii)owder, sent by the Lords Proprietors for the 
use, 'and defence of this Province, and now remaining in the Lords 
Proprietors Storehouse in this Towne, and for as much as it is 
thought to be unsafe to be all in one place, It is therefore 
resolved and advised by the Grand Councill, that the said Store 
of powder shall be divided into three parts. One part thereof 
(that is to say) six barrells shall be lodged in the Lords Pro- 
prietors plantation, in the custody of Capt. John Godfrey, three 
barrells more in Sir John Yeamans his house in this Towne, and 
the remainder to continue in the Lords Proprietors Storehouse 
aforesaid, 

[Oct. 24th.] — Upon consideration had of the better disposing 
of people that hereafter shall arrive in this place, It is advised 
and resolved by the Grand Council!, that Capt. Jno. .Godfrey, 
Capt. Thos. Gray, Mr. Stephen Bull, Mr. Maurice Mathews and 
Mr. Christopher Portman, doe with what convenient speed they 
may goe and view all the places on this River and Wandow River, 
and take notice and make a returne of what places may be most 
convenient to situate Towns upon, that soe the same may be 
wholly reserved for these and the like uses 

[Oct. 26th.] — Upon serious consideration this day had, of the 
better safeguard, and defence of this Collony, It is ordered, 
ordayned, and declared by the Grand Council (nemine contra 
dicente) that all, and every person, and persons, now in this Col- 

32 



S74 EARLY HISTORY OF SOUTH CAROLINA. 

lony, except such as are members of the Grand Councill, or 
Officers attending the same, shall appeare in arms, ready fitted in 
their severall Companies, according to the list now given in, at 
the time and place appoynted by their severall Commanders, for 
the better informing them in the use of their amies, and the other 
exercises of military discipline, in order to a due prepcratiou 
against any suddaine invasion, if any such should happen. And 
that whatsoever person or persons (except before excepted) shall 
in contempt hereof willfully absent him, or themselves, from their 
duty and attendance, as is afore directed, such person, or persons, 
for every offence, shall be severely fined, or punished, as the said 
Grand Councill shall judge convenient, unless a sufficient excuse 
for such their absence be showne and allowed. And hereof all 
commanders, and other officers, of all and every the Companies 
now raised in this Province, are by the said Grand Councill re- 
quired to take notice, and return the names of all such absents as 
aforesaid, if any such should happen, to the Grand Councill, at 
their next sitting, after the making of such default. And it is 
further ordered and ordayned by the said Grand Councill, that 
every Cai)tain, or other Commission Officer of a Company, shall 
have power by himselfe, by a note under his hand, to Command 
all, or any Smith or Smiths, now in this Collony, or hereafter to 
come in the same, whether freemen, or servants, to worke up, and 
fitt all and every Gun, or Guns, which he shall find in his Com- 
pany not well and sufficiently fitted for service. And whatsoever 
Smith or Smiths shall disobey, or unnecessarily prolong the per- 
formance of such directions, or if a master shall deny his servant 
being a Smith, to observe the same, such Smith or Smiths, or 
Master of such servant, upon complaint thereof made to the Grand 
Councill, shall be severely punished for his or their contempt 
hereof For as much as of late there hath been a great neglect 
in the due observance of the watches in this Towne, whereby the 
safety of this Collony is very much hazarded, for. the prevention 
whereof for the future, it is ordered by the Grand Councill, that 
Tho'. Thompson, Marshall of this Province, shall take a list of all 
the persons in this Collony as they are modellized in the Watch, 
and accordingly shall give notice to every person, the time when 
he is to watcli, or leave a note at their house or houses, or there 
declare the same to the master or overseer of such person as is to 
watch. And if it happen that any person, or persons, shall really 
be sick, as that he is altogether incapable of performing his duty 
in the Watch, then the said Marshall shall give notice to the next 
mentioned person on the said lyst, and who are in health, to watch 
that night, that soe the numi3er of five men may be preserved 
entire to watch every night. And forasmuch as those persons in- 
habiting in the outward plantations are put to a necessity to watch 
their plantations, as Avell as the Towne, therefore, that the said 
Watches may be more equally ballanced, It is also ordered by 



APPENDIX. 375 

the said Grand Conncill, that in every revolution of the Watches, 
those who dwell in the Towne shall watch twice, and those who 
are in tlie outward plantations shall watch but once. And it is 
further ordered, ordayncd and declared, that whatsoever person, 
or persons, having notice, as is aforesaid, shall hereafter neglect 
him or tlieraselves from his or their duty of watching, at the ap- 
poynted time and place, at Charles Towne, as aforesaid, such 
person or persons, for every such offence, shall forfeit and pay the 
summ of five Shillings Sterling, to be levyed by distress, for the 
public use of this Collony ; but in case the said ])erson soe offend- 
ing be not able to satisfye the said fine of five Shillings, then such 
person shall be severdy punished. Or if any Master br Masters 
shall deny, hinder or neglect to send his servant or servants, w'hen 
notice is left with him, as aforesaid, such Master or Masters, for 
every such offence, shall severally forfeit and pay the summ of five 
Shillings, for every servant soe neglected, to 1)e levyed by distress 
for the pul)lick use of this Collony. And that the said Marshall, 
for his labour and paincs therein, shall have tiie sum of thirty 
Shillings, or the value thereof, per montli, for soe long time as he 
shall be soe iraployed, to be paid liy the inhabitants of this Collony 
proportionably. 

[Nov. 1671.]— Upon the opening the matter of the petition 
of Anthony Churne against M'". W"". Owen before the Grand 
Councill, It was then and there agreed and concluded on by the 
said parties, that all matters of difference between them, the said 
Anthony Churne and M"". W"'. Owen, to this day, should be re- 
ferred to M''. p]d\vard Mathews and M"". Jno. Culpeper, Arbitra- 
tors indifferently chosen between them, to make a full determination 
thereof, soe as the same arbitration be made on or before the 
— ■ — of this instant, November ; but in case the said Arljitrators 
cannot agree, then the said Arbitrators shall choose an Umpire 
betw-een them, by whose award and judgment the said "W"'. Owen 
and Anthony Churn'e will forever be concluded for, and concerning 
the matters in dispute. 

Mr. Henry Hughes came this day, and made his complaint on 
the behalf of our ^Sovereign liord the King, against Thomas Sere- 
man, Gen*., for, that the said Thomas Screman, upon the of 
October, 1671, at Charles Towne, in this Province, did feloniously 
take and carry away from the said Henry Hughes, one Turkey 
Cock, of the price of tenn pence, of lawful English money, con- 
trary to the peace of our Sovereign Lord the King, his Crowne. 
And the said Screman being demanded by the Councill how he 
would be tried, referred and submitted himselfe to be tried by the 
Grand Councill only. Upon consideration whereof, and the evi- 
dences then and there brought in, and examined against the said 
Screman, 

It is adjudged by the Grand Councill aforesaid, that the said 
Screman is guilty, in manner and forme, as is afore declared. 



876 EARLY HISTORY OF SOUTH CAROLINA. 

And it is therefore ordered by the said Grand Council], that the 
said Screman shall be stript naked to the waiste, and receive nine 
lashes, a whip for that use provided, upon his naked back, by the 
hand of Joseph Oldys, who is adjudged by the Grand Councill, to 
be strii>t naked to his waist, to performe the same, for that the 
said Joseph Oldys, knowing: of the feloneous fact, after it was 
committed, aided the said Screman, and endevoured to conceal 
the offence. After which, that is to say, the said day of 

"November, Capt. Leiut. Robert Donne, being brought before the 
Grand Council, for comforting, aiding and assisting the said Scre- 
man to commit the said fact, the said Capt. Leiut. Donne, having 
freely submitted himselfe to be tryed by the Grand Councill, 
Upon consideration of the evidences brought in and examined 
against the said Cap'. Leiut. Donne, it is adjudged that the said 
Cap'. Leiut. Donne is guilty, in manner and forme, as is afore de- 
clared against him. It is therefore ordered and ordayncd by the 
said Grand Councill, that the said Capt. Leiut. Donne shall ap- 
peare, upon the of December next ensuing, at the head of 

the Company, whereof he is Capt. Leiut., with his sword on, and 
then shall have his sword taken from him by the Marshall, and be 
cashiered from having any further command in the said Company, 
and in the mean time to give security for his good behavior, and 
appearance at the place aforesaid, or else to remayne and be in 
the Marshall's custody. 

Dennis Mahoon, Servant to M'. Richard Coale, having been 
brought in before the Grand Councill, and there charged for that, 
notwithstanding the said Mahoon, among others, having been 
formerly guilty- of running away from his master's service, and 
departing out of this Collony, to attaine the protection of the 
Crowne of Spaine, in the Spanish habitations neare this place, 
intending thereby the destruction of this Settlement, and in con- 
sideration of his penitency and amendment of life, had his punish- 
ment due for the offence suspended, yett the said Dennis Mahoon, 
little regarding his allegiance to oui' Soveraigne Lord the King, 
and his fidelity and submission to the Lords Proprietors, still pro- 
secuting his guilty intentions, about the tennth day of October 
last, endeavoured to persuade and entice some of his fellow ser- 
vants, namely, John Rivers and John Cooke, to run away and 
'depart this Collony. 

And upon sufficient testimony, being by the Grand Councill 
found guilty of the same, it is therefore ordered by the said Grand 
Councill, that the said Dennis Mahoon shall forthwith be stript 
naked to his waiste, and receive thirty-nine lashes upon his naked 
back. 

Capt. Thomas Gray, having this day made his complaint to the 
Grand Councill, against Sir Jn", Yeamans, Barr* , for felling and 
carrying away scverall quantityes from off a certaiue parcell of 
laud neare this Towne, belonging to him, the said Cap'. Gray, It 



APPENDIX. o I t 

is therefore ordered by the Grand Councill aforesaid, that an 
injunction be issued out under the Governor's hand, &c. 

[Nov. 25"".] — Capt. The. Gray and Sir J"°. Yeamans, Barr*., 
having this day personally appeared before the Grand Councill, 
in order to the triall of the difference between them, pursuant to 
their agreement in a former order of the Gz'and Councill, dated 
the sixteenth instant, and forasmuch as the Quorum of the Grand 
Council are not present, &c. 

Upon hearing of the matter of the petition of Richard Cole, 
Carpenter, against Joseph Dalton, Gentleman, It is ordered that 
M''. William and M"". Ralph Marshall shall examine all accounts 
between the said Richard Cole and Joseph Dalton, on Wednes- 
day next, &c. 

[Dec. 14, 16V1.] — Sir Jn". Yeamans, Landgrave, came this day, 
and in the Grand Councill declared that as he is the sole Landgrave 
in this Province, according to the fundamental Constitutions, and 
according to a letter from the Lords Proprietors to him directed, a 
Coppy whereof he does produce, he conceives he is Vice Pallatine, 
and thereupon requires the Government and care of the affaires in 
this Province, Upon serious consideration had thereof, and of the 
Fundamental Constitutions, and the Temporary Laws agreed on 
by the Lords Proprietors, and here remaining and the true cohe- 
rence between them, It is resolved and advised (neminc contra 
dicente,) that it is not safe or warrantable to remove the Govern- 
ment as it is at present untill a signal nomination from the 
Pallatine, or further orders or directions be received from the 
Lords Proprietors. 

[Dec. 20'".]— It is ordered by the Grand Councill, that M--. 
Stephen Bull and Capt. Tho'. Gray, doe assist JVP. Michael Smith, 
and others lately arrived from New Yorke, to tind some convenient 
place to erect a Towne for their present setUement. 

[Feb. 10'", 1672.] — Upon consideration this day of the scarcity 
of provisions now growing in this Collony, which will require a 
more frugall disposition of the provisions now remaining in the 
Lords Proprietors stores, and that noc person may obtain an 
unjust proportion thereof upon bare pretences, exhausting the 
same before any can be produced, or further supply be expected, 
It is therefore advised and ordei'ed by the Grand Councill, that 
noe person or persons" upon any pretence whatsoever, shall have, 
or receive any provisions out of the said stores, till they have 
made oath before the Grand Councill to the truth of their reall 
wants, and have given a satisfactory account of their care iu 
planting, in order to their better obtayning of provisions this 
yeare. And that such person or persons soe receiving any pro- 
visions out of the said stores, shall not be allowed any more than 
five quarts of pease for every man a weeke, four quarts of pease 
for every woman a v.'eeke, three quarts of pease for every child, or 
person under sixteen years of age, a weeke, which said quantity 

32* 



378 EARLY HISTORY OF SOUTH CAROLINA. 

or proportions shall be delivered weekly out of the said stores, to 
such persons in want as aforesaid, and not otherwise. And for 
the prevention of all further hazards of the want of provisions in 
this Countrey, whether for want of good improvements, sloath, or 
the following of any imaginary profitt, other than planting of 
provisions, It is further advised, ordered, and ordayned by the 
Grand Councill, that noe person or persons shall exercise or follow 
any worke, labour or employment, till tlie gathering in of the next 
crop, other than in planting of provisions, (except such as are 
especially tolerated by the Grand Councill, such as shall be 
iniployed in the office of a Carpenter or Smith, during the time 
of such imployraent,) and that noe person or persons whatsoever, 
(except before excepted,) shall have any future benefitt of the 
Lords Proprietors stores, who shall not have two acres of land at 
least, well and sufficiently planted with corne, pease, or both, for 
every person in his or her family, and the same to be well culti- 
vated till the gathering in of this next crop, which said improve- 
ment shall be then and appeare before the Grand Councill. 
And if any person or persons (except before excepted,) during 
this crop doe, or shall loyter, or sloathfully spend his, her, or their 
time, ©r doe exercise, or follow any worke, labour or imployment, 
not hereby allowed, or not especially directed by the Grand Coun- 
cill, such person or persons soe offending, upon notice thereof given, 
shall be disposed and committed to the care and charge of such 
industrious planter,- as the Grand Councill shall judge convenient 
for the better raising of provisions, and their present maintenance 
as aforesaid. 

[Feb. 11, 1G72.] — Forasmuch as Thomas Hart, Yeoman, being 
an evill member in this Province, out of the evill of his heart, hath 
at divers times, and in sundry manners, causelessly slandered the 
Government of the said Province, and hath endeavoured to seduce 
and evilly to advise severall servants in the said Province, as hath 
been sufficiently proved upon oath, to the great disquiet of the 
peace of the said Province, and the prejudice of the masters of 
such servants. It is therefore considered by the Grand Council!, 
and it is this day ordered, that the said Thomas Hart shall receive 
thirty-nine lashes upon his naked back, and that the said Thomas 
Hart shall be, and be esteemed to be as common Executioner in 
this Province, during the space of a year and a day next ensuing, 
and that the said Thomas Hart, in the mean time, doe, and shall 
])ersonally give his attendance at every sitting of the Grand 
Councill. 

Aprill, 161 2, pursuant to the tenor of the said Proclamation 
under the Governor's hand issued, and made the said 19'*' day of 
Aprill last, came the Freeman of this Province before the Gover- 
nour, and the Lords Proprietors Deputies, at Charles Towne, and 
having then made their election, presented to the Governour and 



//A 



APPEI^DIX. 379 

the Lords Proprietors Deputies, the members of the Parliament 
hereafter raeutioued, vizt. : 

M'-. Stephen Bull, M--. Richard Conant, 

Cap*. Flor. 0. Sullivan, M\ Peter Heme. 

M"". John Culpepcr, AP. Richard Chapman, 

M''. John Robinson, M^ John Yearaans, 

M^ Cliristo. Portman, ]\P. Timothy Biggs, 

M'. Ral[)h Marshall, M^ James Jones, 

M"'. John ]Mauericke. " M^ Edward Mathews, 

M'". John Pinekard, M-". Samuell West^ 

Cap*. Rob'. Donne, M"". Richard Cole, 

M'. Amos Jefford, M^ Henry Hughes. 

And the said Parliament being soe chosen and presented, then 
and there out of themselves did elect live persons, namely : M'. 
Ste. Bull, M'-. Christ". Portman, M''. Richard Conant, M^ Ralph 
Marshall and M^ John Robinson, and them presented to the Lords 
Proprietors Deputies to be members of the Grand Council!, 
according to the Lords Proprietors directions on that behalfe. 

[June 8th, 1612.] — Mr. Thomas Norris, Anthony Churne, and 
Samuell Lucas came this day before the Grand Councill, and 
made oath that they were privie to the contract between Richard 
Deyos and Christopiier Edwai'ds, his servant, and that the said 
Christopher Edwards was to serve the said Richard Deyos the 
term of two ycares in this Province, to commence from the time 
of Ins arrival there, and ended the IT"' day of March last past. 

The said Christopher p]dwards is thereupon reputed a Freeman, 
and has liberty granted him to take warrants for the land due 
him in the Province aforesaid. 

[June 18th, 1672.] — The Grand Councill takeing into their 
serious consideration how the inhabitants of this Province may 
be reduced into the best posture for the defence of the same, and 
whereby they may most easilie maintaine their safety from any 
suddaine or unexpected invasion, have resolved, and it is ordered 
by the Grand Councill aforesaid, That two great Gunns be 
mounted at New Towne for the better defence thereof; which 
said two Gunns and twelve pounds of powder be delivered to M"", 
Richard Conant, he giving a receipt to Coll. West for the same. 
That all and every the inhabitants of this Province doe forthwith 
well and sufficiently fix up their amies, and make them fitt and 
ready for service ; but if it shall happen that any amies be soo 
defective as they cannot be compleatly fixed without the helpe of 
the Gunn Smith, then such person, whose armes they are, doe 
forthwith repaire to the Gunnsmith at Charles Towne, and allow 
him such reasonable assistance as he shall absolutely stand in need 
of for the fixing of such defective amies, whether it be with fire 
Cole or otherwise ; which said Gunnsmith being soe assisted, as 
aforesaid, and having payment tendered, is hereby required 



880 EARLY niSTORY OF SOUTH CAROLINA. 

immediately to sett about the same, and that he doc interpose uo 
other worke till such arnies be coniplcatly fixed and finished. 

And forasmuch as experience hath rendered the use of Bando- 
liers to be as well unsafe for keeping of ammunition, as altogether 
inconvenient upon any march in this Country, and more slack 
upon any occasion of service, It is also ordered by the Grand 
Councill that every person in this Province above the age of 
sixteen years, under sixty, doe forthwith furnish himselfe with one 
Catous Box, conteyning twelve Cartiarages at least, before the 
last day of July next, whereof all masters of families are to take 
care to furnish his servants with Catous Boxes, or allow them 
sufficient time to make them, and if it shall happen that any 
Master of a family shall faile therein, such Master shall forfeit and 
pay the sume of two shillings and six pence for every Catous Box 
that shall be wanting in his family through his neglect, after the 
last day of July aforesaid ; but if the neglect shall happen to be 
found in any servant, such servant soe fayling shall lye by the 
iKjck and heels at the head of the Company wherein he is lysted. 

That if any person or persons, at any time or times hereafter, 
receive any intelligence from the relation of any Indian, of the 
approach of an enemy towards this place, such person or persons 
to whom such relation is given doe immediately bring the said 
Indian to any one of the Grand Councill who is nere, who upon 
such examination, if he finds any probability of truth which jnay 
necessarily require an alarum, is forthwith to dispatch the said 
Indian or Indians to the Governour with his apprehensions of the 
matter, and in the mean time give speedy notice thereof to the 
Master of the Ordinance, that a public alarum may be given by 
firing two of the greatest gunns at Charles Towne. Upon which 
Alarum all and every the Inhabitants now in this Province, and 
who are al)lc to beare arms, doe dispose themselves in the manner 
following : 

The severall families of M'-. Maurice Mathews, M''. Stephen 
Bull, M"'. Nicholas Carterett, and M^ Henry Brayne, residing in 
Ickerby Plantation, ])eing aliout seven men, M"". John Gardner, 
one, George Canty, two, M"". Amos JelTord, five, M''. Tho'. 
Ingram, one, Capt. Florence 0. Sullivan, two, Capt. George 
Thompson, two, be they more or less, doe upon every such alarum 
repaire to the said Amos Jefford's upper plantation, to the west- 
ward of the said Tho'. Ingram, and remaine under the command 
of M'". Maurice Mathews and Capt. Florence O.Sullivan, his assist- 
ant, in order to the defence of that passage, and further be directed 
according to such rules and instructions as from time to time 
shall be transmitted from the Grand Councill to the said Maurice 
Mathews daring that service. And the severall families of Capt. 
John Godfrey, about twelve, M^ Edward Mathews, foure, Coll. 
Joseph West, five, M-". Clutterbnck, one, M^ Hughes, one, to 
repaire to the plantation now in the possession of the said Capt. 



APPENDIX. 381 

John Godfrey, and there remaine under tlic command of the said 
Capt. Godfrey and M^ Henry Hughes, his Lieutenant, the better 
to ni'.iintaine tlie leading ])ath there, according to such orders and 
instructions as they shall from time to time receive from the 
Grand Councill on that bchalfe. 

And that all other the inhabitants of the Collony of Charles 
Towne (except the negroes in the Governour's plantation, who 
are there left to defend the same, being an outward place, ) rejiaire 
to- Charles Towne with their amies and ammunition well fitted, as 
aforesaid, there to receive such orders as by tlic Grand Councill 
shall be thought most convenient. 

And that all the inhabitants on the other part of the River, 
called the Oyster Poynt, doe repaire to the plantation there, now 
in the possession of Hugh Carterett, Cooper, and being soe 
embodyed, doe march forward to the |)lantation now in the pos- 
session of M-'. Thomas Norris or M''. William Morrill, which may 
be thought mo|f safe and useful for that designe, tuider the com- 
mand of M''. Robert Donne, there to remayne and exercise such 
orders and rules as the Grand Councill shall thinke fitt to be 
prosecuted for the better safety of that part of this Settlement. 

And that all the inhabitants in and about New Towne, doe 
vcpaire to New Towne aforesaid, and there remaine under the 
command of M''. Richard Conant, according to such rules and 
instructions as the said Richard Conant allrcady halli, and from 
time to time shall receive from the Grand Councill for the better 
preservation of the safety of the said Towue. 

And that upon the apjiearance of any Topsaylc Vessell one 
Great Gunu be fired at Charles Towne, upon which all the Free- 
men within the Collony of Charles Towne aforesaid, are forthwith 
to appcare in amies in the said Towne, and that noe person or 
persons' whatsoever (except the Pilott) doe adventure or presume 
to goe aboard any vessell or Vessells which shall hereafter come 
into this harbour (without the Governour's special lycence) 
before the Master of such vessell or ship hath been with the 
Governour. 

And as ail and every the aforementioned particulars are neces- 
sarily conducive to the good government, and the safe manage- 
ment of the affaires of this Province, and the secure settlement 
thereof, without which all ingenious industry is but value, and 
because repentance is too late when miscarriages happen in these 
cases. The Grand Councill have therefore thought iitt to make 
this declaration. And all and every person and persons in this 
province, are hereby strictly required and injoyned to take notice 
of and observe all and singular the ])remises, and every part 
thereof, as they would not be qnCvStioned as offenders against that 
sweet peace and tranquility soe much desired, and earnestly 
lal)oured for in the said Province. 

[June 29th, 1672.] — William Barry being this day brought 



8S2 EARLY HISTORY OF SOUTH CAROLINA. 

before the Grand Councill, for stealing- of Indian Cornc from off 
tlie plantation of M'. William Owen, and npon his examination, 
having confessed the same, it is ordered that the said William 
Barry be forthwith t3'ed to the usnal tree, and there be stripped 
naked from the waiste upwards, and there receive elcaven lashes 
upon his naked back, well layd on. 

[July 2d, .1672.] — In order to the better defence of this Pro- 
vince, it is resolved that a party of thirty men be dispatched to 
the Southward against the Westoes, who are said to lurke there 
with an intent to march secretly to this place. 

[July 9tli, 1GT2.] — Upon consideration this day had of the 
better reducing the present inhabitants of this Province into such 
military orders, as may be most apt and fitt for the service and 
defence of the same, it is ordered by the Grand Councill, that the 
said Inhabitants be forthwith disposed into six Companies, besides 
the Governour's life guard. 

And forasmuch as there will be a great wa^ of sufficient 
Officers to Keep the said Companies in good order & discipline, 
unless'some of the members of the Grand Councill be particularly 
imployed therein, wherefore that nothing may be wanting that 
may be available to the safety of the Settlement, it is advised that 
Commissions be forthwith made and directed to Lieut. Coll. John 
Godfrey, Serjeant Major Thomas Gray, Capt. Maurice Mathews, 
Capt. John Robinson, Caj)t. llichard Conant, Capt. Florence 0. 
Sullivan, and Capt. II. Donne, and such other inferiour Officers 
as the said named Officers shall approve on, to take the charge of 
the said severall Companies, and that the said Companies may be 
soe lysted as may be most helpful for them speedily to repaire to 
their Colours upon any alarum or other occasion. 



Bill of Lading. 

" Shipped by the Grace of God in Good Order & well con- 
dicioned by me Rich''. Kingdon, for the prop. ace', of the Lords 
Prop", of Carolina, in & upon the good ship called the William 
& Ralph, whereof is master under God for that present voyage 
William Jeffercys, & now riding at anchor in the River of Thames, 
&; by God's grace bound for Charles Towne in Ashley River, to 
say, forty two puncheons of pease, thirty one barr'. and a half of 
flower, one Hogg''. & barrel of fish lines and colours, one barrel 
of rice, two barr. box & bundle of Iron ware, one box of boks, 
two barrels of powder, & twelve Gun carriages, & three butts g'., 
six drums, and one barrel of flower more, being marked & num- 
bered as in the margent, and are to be delivered in the like good 
order & well condition at the aforesaid Port of Charles Towne, (the 
dangers of the seas only exce])ted) unto M"'. Jos. West of Charles 
Towue or his assigns, freight for the said goods being paid allready 



APPENDIX. 



383 



in London with Prima_Q;e & average aceustomed. In witness 
whereof the master or Purser of the s''. ship, liatli lirnicd to three 
bills of lading all of this Tenor & Date, the one of which three 
bills being aecomplished, the other two to stand void. And soe 
God send the good ship to her desired Port in safety. Amen. 
Dated in London the 13"> Jan. 16TL [^] The contents & 
qualities I know not. 

W". Jefferies. 
Indorsed. 

Charles Towne, April 23d, 16t2. 

Rec''. then of Capt. William Jefferies, Comand'. of the good 
ship William & Ralph, all the particulars within mentioned. I 
say Rec". 

Joseph West. 



"Jany. 13, 16'! 1-2.} — An accompt of scverall things decided y' 
were in Partner Shipp Retwixt Air. John Foster and Capt. 
Thumaa Gr(i]j. 



M'. John Foster. 
Imp'. Land & House y* North 
Side paying 25 lb. starl. 

Item. 4 Servants. 
Thomas Witty, 
W'". Davise, 
Jn". Ratlife, 
James Powell. 

.Skins. 
Two Tand deare skins, 
6 ditto w"'. hayre on, 

2 Rare skins. 

Ittem. Linnen 
12iy'''. osandbriggs, 
6^ y'^ blew Linnen. 

Ittem. Iron Wayre. 
G ISTcw Hows, 
1 Iron Square, 
1 Hand Sav/, 
4 New fallin axes, 

1 Cooper Adge, 

3 Chissclls, 

2 Hammers, 
2 Augers, 
One adge. 

One Iron Candlcsticke, 
One Whipp Saw, 
One Cross cut ditto, 



Capt. Thomas Gray. 
Imp'. Laud lyhig y South Side. 

Item. 4 Serv'^ 
Pichard Poore, 
Richard Rarginer, 
Edw. Howell, 
Joanc Rurnett. 

Skins. 
Three Tand deare skins, 

3 Rare skins, 

4 Deare skins w"'. hayre on. 

Ittem. Linnen. 
12| y''°. osandbriggs, 
6|- y''"' blew Linnen. 

Ittem. Iron Wayre. 
G New Hows, 
1 Iron Square, 

1 Hand Saw, 

5 New axes, 
4 Chissells, 
One Hammer, 
Two Augers, 
One Adge, 

One Iron Candlcsticke, 

One Howell, 

Two Iron Wedges, 

2 Whipp Saws, 



384 



EARLY HISTORY OF SOUTH CAROLINA. 



Gray payeth 



2 Hows lielvd, 
1 Pitch in axe, 
1 Showell, 

1 Fill, 

2 Iron Wedges, 
2 Beetle Iliugs, 
1 Iron Fro, 
1 Fryin P;inn, 
1 Brass Skillett, 
One Iron Sledge, 
1 Broad axe, 
1 Lattin Hammer, 

1 Fallin axe. 

Item. Prouvission. 

2 Bar'". Bccfe, 
1^ pint Oyle, 

2 psis of porke, 
1 third of Bar", of Casado Bis- 

kett, 
4 Bushells of peese, 
lOf Galls. Molases, 

3 Bar'". & 1 hhd. of Corne. 

Ittem. Living Stoke. 
6 Henns, 2 Cokes, 
3 Hogs, 

6 Duks, 1 Drayk, 1 Turkey Hen, 5 Dukes, 1 Drayk, 
1 Dunghill Fovvle. 1 Turkey Coke, 2 ditto Henns, 

Six Firelocks, 4 p' Bandolears. One Sheepe, 

Six Firelocks, 4 p'. Bandolears. 
Retornd. 
One Boxe Medieim*'., 

Thirty pownds of powder, 88 lb. buUitts & shott. 
^ doz. of Ivory & one doz. of other Combs, 
i doz. Sizers, one Fussee, one boxe of Medicius, 
100 of nedles, yams, 

Timothy Biggs came this XXI" day of March, 1071-2, and 
made oath that the within written is a true Coppy of the Dewision 
of Goods, between M"". John Foster & Capt. Thomas Gray, pur- 
suant to a former award before me, 

Joseph West. 



2 Beetle Rings", 
Spaid, 

Pitchin Axe, ' 
How helved. 
Fro, 

Iron Potts, W-". 
the halfe of one, 

1 Fryin Pann, 

2 Small skilletts, 
One Iron Square, 
One broad axe, 
One Coopers ditto, 
One Fallin ditto, 
One Auger. 

Item. Prouvission. 
2 Barr'". of becfe, 
1^ p*. Sweet Oyle, 

2 psis of porke, 
1 third of Bar", of Casado Bis- 
kett, 

lOf Galls. Molasps, 

3 Bar'". & 1 hhd. of Corne. 



Item. Living Stoke 
2 Hogs, 
6 Henns, 2 Cokes, 



This is a true Coppy of y^ Originall. Exam'', this XXP' March, 
1671-2. 

Jos. Dalton, 

Secy. 
Entered this 21" March, 167 1-2. 



APPENDIX. 38o 

[The above exhibits a specimen of goods in a store in Charles- 
town ill the beginning of our colony. Perhaps the 1"'. case of 
dissolution of a copartnership & division of stock in trade. 



Know all men by these presents, that I, C''. AVilliani Sayle, 
Governor of that part of the Province of Carolina, Southward and 
Westward from Cape Carterett, otherwise called Cape Romanoe, for 
and on behalfe of the Lords Proprietors of the said Province of Car(^- 
lina, having made my last Will and Testament in Bermuda, bearing 
date in the Month of February last past, which said Will I doe 
by this present codicil, ratify and confirm. Now being weak in 
body, but (blessed be God) in perfect mind and memory (for the 
full disposal of all my goods and chattels, Lands and tenements 
undisposed of in the said Will, ) I doe hereby give, devise and 
bequeathe, all that my Mansion House and Town Lot, in Albe- 
marle Point, in the said Province of Carolina, to my Eldest Son, 
Nathaniel Sayle, and the Heirs of his body lawfully begotton, 
and to be begotton forever. 

Itra. I doe give, devise, and })equeath all my other Lands and 
tenements, goods and chattels, which shall be in my possession at 
the time of my death in the said Province, and all the lands, per- 
quisites or advantages due to me in the said Province of Carolina, 
or any part thereof, by virtue of the Concessions of the said Lords 
Proj)rietors, or otherwise to my two sonns, Nathaniel Sayle and 
James Sayle, and the heirs of their bodies lawfully begotton and 
to be begotten forever. And my Will and pleasure is, that this 
Codicil or Schedule be, and be adjudged and taken to be a part 
of my last Will and testament aforesaid, and to be of e<iual forcO 
with the same. And I heartily desire and request mine Executors, 
and the overseers of the execution of my last will, and that they 
doe cause all things in this Schedule or Codicill contained to be 
faithfully performed according to my pure meaning, as if the same 
were so declared in ray said last will and testament. In witness 
whereof, I have hereunto sett my hand and scale, this thirtieth 
day of September, Anno Domini, 16*70. 

William Sayle, [X.] 

Signed, sealed & published in") 
the presence of j 

Paul Smith, 
Jos. Dalton, Secrett, 

M''. That the wathin Codicill or Schedule, with all the articles 
& clauses therein specified, was signed, sealed & pu])lished by the 
said Co'. William Sayle, late Governor of that i)art of the Pro- 
vince of Carolina, Southward & Westward from Cape Carterett, 
as his true and lawful act and deed, upon the request of the within 

O O rf 



886 EAELY HISTORY OF SOUTH CAROLINA. 

named Nathaniel Sayle, was upon oath proved by tlie within 
mentioned Paul Smith, and Joseph Dalton, before me, C"'. Joseph 
"West, Governor of this part of the Province of Carolina aforesaid, 
this tennth day of April, 1671. 

Jos. West, 

This is a true copy of the original. Exam'', this 28'" Nov., 
1672. 

Jc. Dalton, 
• Secretary. 



The History of Neiv England from 1630 to 1649, hy John 
Winthrop, Esq., first Gov\ of the Colony of Mass. Bay. 

Vol. 2*., p. 335. — For the place they should remove to, if 
necessitated. Mr. Hayson acquainted us with a place allowed & 
propounded to them, and the occasion of it, which was thus : 
Captain W"". Sayle, of Summers Islands, having been lately in 
England, had procured an ordinance of parliament for planting 
the Bahamas Islands (now called Eleutheria,) in the mouth of the 
gulf of Florida, & wanting means to carry it ou, had obtained of 
divers parliament men & others in London to undertake the work, 
W^*". they did, & drew up a covenant & articles for all to enter into, 
who would come into the business. The first article xcas for 
liberty of conscience, wherein they provided, that the civil magis- 
trate should not have cognizance of any matter w"""". concerned 
religion, but every man might enjoy his own opinion or religion, 
without controul or question (nor was there any word of maintain- 
ing or professing any religion or worship of God at all,) & the 
commission (by authority of the ordinance of parliament,) to 
Captain Sayle to be Governor three years was with limitation, 
that they should be subject to such orders & directions as from 
time to time they should receive from the company in England, 
&c. Upon these terms they furnished him with a ship & all 
provisions k. necessaries for the design, and some few persons 
embarked with him, & sailed to the Summers Islands, where they 
took in Mr. Patrick Copeland, elder of that church, a godly man 
of near eighty years of age, & so many other of the church there, 
as they were in the ship in all seventy persons. 

But on the way to Eleutheria, one Captain Butler, a young man 
who came in the ship from England, made use of his liberty to 
disturb all the company. He could not endure any ordinances or 
worship, &c., & when they arrived at one of the Eleutheria 
Islands, and were intended to there settle, he made such a faction, 
as enforced Captain Sayle to remove to another island, & being 
near the harbour, the ship struck & was cast away. The persons 
were all saved save one, but all their provisions & goods were 



APPENDIX. 387 

lost, so as they were forced (for divers months,) to lie in the open 
air, & to feed upon sucli fruits & wild creatures as the island 
afforded. But finding their strength to decay, & no hope of any 
relief. Captain Sayle took a shallop & eight men, & with such 
provisions as they could get, & set sail, hoping to attain either the 
Summers Islands, or Virginia, or New England ; and so it pleased 
the Lord to favor them, that in nine days they arrived in Virginia, 
their provisions all spent, &c. Those of the church relieved them, 
& furnished them with a bark & provisions to return to relieve 
their company left in Eleutheria. Captain Sayle, finding the 
church in this state, persuaded them to remove to Eleutheria, w"""". 
they began to listen unto, but after they had seen a copy of his 
commission & articles, &c., (though he undertook to them, that 
the company in England would alter anything they should desire, 
yet) they paused upon it (for the church were very orthodox & 
zealous for the truth,) & would not resolve before they had received 
advice from us. Whereupon letters were returned to them, dis- 
suading them from joining with that people under those terms." 



S. P. 0. North Carol., B. T., Vol. 2, p. 98. 
Instructions to 3!. Andrew Percivall. 

23 May, 1G74. 

1. Yo" are to grant Land to none that comes to setle under 
yo'' Goverment, but upon condition they setle in Towneships, and 
take up Land according to y" draught herew"". deliverd yo'', viz*., 
To each house built in y^ said Towne, & forme fifty acres home 
lott, as in y" draught, viz., five acres for a house & garden, ten 
acres in y<= Coinon Cow pasture, and 'thirty-five in a peece beyound 
y« Comon. And an out lott containing 300 more in one peece iu 
y* same Collony, whenever they will take it up. 

Provided it be w"'in sixteen yeares after their respective Grants 
of their home lotts. The home lott shall alwayes inseperably 
belong to y^ house in y Towne, W^"., whenever it is not inhabited 
& kept up, the s". house and home lott belonging to it, shall de- 
volve into y" hands of y" Lords Prop'*, to be by them disposed of 
to any other person. 

The home lott shall pay noe rent till y* yeare 1690. The fee 
alsoe of y" Towne plott shall belong in equall proportions to y' s''. 
houses, to be leased out or lett as y respective owners shall thinke 
fitt. But y« Towne to be built in y s*. Towne plott shall be laid 
out & built according to such a modell as y^ s"". L"". Prop", shall 
direct. 

2. Yo" are to take care that store of Provizzions are planted. 

3. Yo" are to keep faire Correspondence w'". y^ Neighbour 
Indians to y utmost of yo^ power. 



r 



383 EARLY HISTORY OF SOUTH CAROLINA. 

4. Yo" are to deliver to M^ Joseph West all y" Goods now- 
sent in y" Edistoh Deg-ger, & consigned to y". for y" use & 
supply of o^ people at Ashley & Cooper River. 

Shaftesbury, 
Craven, 
G. Carteret, 
Whitehall, 23" May, 16T4. 



S. P. O. N". Carolina. B. T., Vol. 2, p. 97. 

Lisfmccons to o'. Govern\ & Councill of our Plantacon, at 
Ashley Biver in Carolina. 

23 May, 16H. 

1. You are upon all occasions to afford all Countenance, help 
& assistance to o\ plantacon in Loch Island. 

2. Yon are to affix y^ publiqne scale to all such Grants as M^ . 
Andrew Percivall, Govern^ of that plantacon shall send to you, 
signed by his hand, with advice from him, specifying y'' Grants he 
desires to have sealed. 

Craven, 
Shaftesbury, 
g. c^vrteret. 
Whitehall, 23' May, 16U. 



Mem. M^ Andrew Percivall had a Copy of y Fundamental! 
Constitutions signed and sealed with him. 

[His Commission begins 

John, Lord Berkley, Pallatine of Carolina, and the rest of the 
Lo". Prop'■^ of Carolina. 

To o^ truely & well-beloved Andrew Percivall, Govern'", of the 
plantation to be settled on both sides Edisto or Ashipow River. 

Bee it kuowne, &e., &c., «&c.] 



S. P. 0. W. Carolina, B. T., Yol. 2, p. 120. 

Order concerning the Trade tviih the Westoes and Cussatoes 

Indians. 

10 April, len. 

Wheras y* discovery of y Country of y*" Westoes & y Cussa- 
toes, two powerfull & warlike nations, hath bine made at y^ charge 
of y Earle of Shaftsbury, one of our number, & by the Industry 



APPENDIX. 889 

& hazard of Dr. Henry "Woodward, and a strict peace & amity 
made Betweene those said Nations and our people in o'. ])rovince 
of Carolina, w^. will conduce very much to y" peace <fe settlem*. 
of o"". said people there, & y inconra,f!:ing'e of others to come and 
plant there when those fierce & warlike nations are not onely at 
peace w"". us, but are become a esafegard unto us from y» 
injuries of y^ Spaniards and other Indians. Wee therefore have 
thought fitt for y* preservacon of j' s*'. peace soe necessary to us, 
and consideringe that if a Gen". Trade & Comcrce should bee 
allowed to those Nations w'". o^ people inhabittinge there before 
o^ strenths & numbers are increased, that y^ weakness of o^ 
streauth may be discovered to them, and sevcrall injuries, provo- 
cations, frauds '& quarrells may arrise & happen, by w". meanes 
this soe necessary a peace may be interrupted. Wee doe there- 
fore thinke fitt, and doe hereby strictly charge, require & colnand 
that noe person of what quallity soever, being und'". o"". Goverm*., 
there doe presume to have any commerce, trade & traffick, or 
correspondency w"-. any of y« Westoes, Cussatoes, Spaniards, or 
other Indians that live beyond Porte Koyall, or at y*" same 
distance from o"". present Settlem*. that y' Westoes & Cussatoes 
doe now inhabitt, w"'out such persone have thereunto license und"". 
y hand & scale of y*" Earle of Shaftsbury and some one more of 
us, y'' L''\ Proprietors, and this, o''. ord'., is to continue during 
the space of 7 ycares onely ; after w''. tyme (if it shall please 
God) that y streanth of o^ settlement nay bee' considerably 
increased, wee resolve not to continue o"". restraintcs upon the 
trade w"'. those Indi«ans. But in y" meane while there is noe man 
hath reason to complaine that wee haveinge left them free and 
open, all y" trade northward upon y sea coast as far as Alp, & 
Southward as far as Porte Royall, and any other way not less than 
100 miles from there plantacon, w"^. is all they can pretend or 
expect from us, it beinge in justice & reason fitt that wee should 
not bee inturrupted by y"" in o"". treatyes & transactions w'". 
those Nations that inhabitt those disttant Countryes,'w"'. whome 
by o"". grant & Charter from his Ma*'^, Wee onely have authority 
to treat or intermeddle, and wee are carefull, as y". may perceive, 
to give y". open & free liberty to trade w'\ those nations y'. lye 
ncere, or w*''in any convenient di.sstance of y"., and w"". *vhome, 
w^'out any hazard or dang"", to y^ publicke safty, y". may intermix 
& maintaine a Commerce ; haveinge therefore laid downe soe 
plainly to y". y" reasons & right of o''. proceedings in this matter, 
wee doe expect an exact & punctuall compliance w"'. C". ord"". & 
comand, or yo" may bee assured wee shall cause such as shall 
presume to breake y™ severely to.be prosecuted and punished. 
Given und'. o". hands & scales this 10'" day of Aprill, 1G7Y. 

Albemarle, 
Craven, 
Shaftsbury, 
Qo-^ Clarendon 



890 EARLY HISTORY OF SOUTH CAROLINA. 

To y Gov. & Councell, & other Inhabitants of our Province 
of Carolina. 

Memorandum. — Though S^ Peter Colleton's hand & seale be 
not to this, Hce ordered his Brother James Colleton to declaire 
his consent to itt there. 



S. P. 0. No. Carolina. B. T., Yol. 2, p. 124. 

The Articles and Agreem'. of if L^. Propriet". of Carolina, 
Beticeene themselves, concerninge thetrade there. 

10 April, 1C71 

Wheras wee have thought it nessessary for y^ safty and good of 
those people that are planted und^ o'. Government in Carolina 
upon Ashley & Cooper Rivers, or therabouts to take into o^ 
hands dureinge y'' space of Y years the whole trade & commerce 
w'". y^ AVestoes, Cussatoes, & other Nations that live at a greate 
distance from y^ sd. Rivers, and wheras it is absolutly nessessary 
that trade be carried on w'". those nations, that soe they may be 
supplyd w*"'. cotnodities accordingc to agreem'. made w"". y*., By 
w". meanes a firme and lastinge peace shall bee continued, and 
wee become usefull & nessessary to them, it is therfore mutually 
articled, covenanted & agreed betwixt us, y* L''^ Prop", of Caro- 
lina, whose names & seales are hereunto sett and subscribed at or 
before y 24"' day of June next, wee shall each of us pay into y^ 
hands of M"". W™. Saxby, o^ Secretary and Treasurer, one hundred 
pounds of good & lawfuU money of England, and if any of us shall 
fayle in payinge in his said money as aforesaid, then & in such 
case it is hereby covenanted & agreed, that y® bennifitt of y^ s''. 
trayde shall wholy come & acrew (dureinge the tyme aboves''.,) 
unto such of us, the s''. L"'. Prop", as shall have paid in there 
money afores"*. And it is further agreed betweene us, y L''^ 
Prop"., that y agreementes already made hy y" Earle of Shafts- 
bury w"'. D\ Henry Woodward, wherby hee is to have one S"*. 
part of y cleare proffitt of y'' said Trade, shall stand firme & good. 
In witfness whereof wee have hereunto put o"". hands & seales, the 
lO^'day of Aprill, 1677. 

Albemarle, 
Craven, 
Clarendon, 
Shaftsbury, 
P. Colleton. 



APPENDIX. 



391 



S. p. 0. North Carolina. B. T., Yol. 2, p. 129. 

Statement of Accounts beticcen the Lords Proprietors & Col. 

Jos. West. 



1669-16n. 



Coll. Joseph West. D\ 



To Money paid him in partes, . 

To his Debts standinge out for goods by him 

taken out of y** L'". Stores p''. his o^Yn ace'. 

to 27"^ Jan^, 1673, . . . . 

To ditto as p^ his owne ace*., to y^ 30"^ Nov.,) 

16U, ; 



£ 


s. 


d. 


100 

n 

2G 


12 

n 


9 

8 


£144 


10 


5 



P\ Contra. C. 



ByhisSallery from Aug., 1669, to Aug., 1674,| 
is 5 yeares att £60, . . . . . j 

By ditto fro™ Aug., 1674, to March, 1677, is| 
2 yeares & 7 months at £100, . . . j 



Rest. , 



£. 


6-. 


d. 


300 
260 














560 
144 






10 


5 


£415 


9 


7 



' Towards satisfaction of which hee hath in his hands o"". Planta- 
tion valine at least £100, besides what goods, e.xcept ammunition 
and amies, are reraaininge in o"". Storehouse, and y several! debts 
oweinge us by soe many people there, w"=''. wee willingly remitt 
upon there payinge him of y" remaiud^ of what is due to him. 



392 EARLY HISTORY OF SOUTH CAROLINA. 



S. P. 0. JouRNAX, B. T., YoL. 3, p. 15. 

At the Gommiftee of Trade & Plantations in the Council Chani' 
her, at Whitehall, Tuesday the 2Qth of May, 167 9. 

Present. 

Earl of Sundcrlaud, Yiscount Fauconberg, 

Earl of Essex, Yiscount Halifax, 

M"". Secretary CoYcntry. 

Upon reading the Petition of Pliene Petit, wliieli had formerly 
been examined at the Committee, concerning the transport of 
Protestant Families to Carolina, together with a Ptcport of tlie 
Commissioners of the Customs thereupon ; their Lordships agree 
to report, that His Ma*'', doe give order for the preparing & 
fitting out of two such ships (neither of which may draw above 12 
foot water) as may bee fit to transport the said Families, as soon 
as the Undertakers shall give in a List of their names, with suf- 
ficient assurance that they will come & imbarque themselves on 
board thereof for this voyage, provided they doe likewise take in 
victuals and provisions for themselves, without putting His Ma*'', 
to farther charge than to maintain the Sliii)'s Corap'". & such as 
shall be under His Ma'^\ pay. And provided, alsoe, that the 
said Families bee such as shall come from beyond the Seas, or 
are arrived here on purpose for this designe, & bee many of them 
skilful! Si practiced in the manufacture of Wines, Silkes & Oyles. 
And that His Ma''', may not bee defrauded of his Customs, upon 
pretence of re-imbursing the moneys expended by them, & for 
preventing any abuse W^**. may happen by bringing Tobaccoes to 
Carolina from Yirginia, their Lordships will further report, that 
the said Families may be all obliged to settle moi*e Southerly than 
the 34th Degree of Northern Latitude, & that the re-irabursement 
desired by them may be made out of the Customs arising from 
Commodities brought out of such Plantations in Carolina as lye 
within that latitude, to commence from the time the said Families 
shall arrive, upon a certificate of such arrival from the Collector 
& Surveyor of the Customs, or in his absence, from the Governor 
& Council there. 



Mem. 29th Oct. 1679.— The Petition of Eene Petit for trans- 
porting several Foreign Families to Carolina, on board the Rich- 
mond, was read in Council & granted. 



ArrENDix. 393 



S. P. 0. Journal, B. T., Yol. 6, p. 21T. 

At the Committee of Trade & Plantations in the Council Cham- 
her, at Whitehall, Munday the Kth of 3Iay, 1G89. 

In the Morning. 

Present. 

Lord Privy Scale, Earl of Shrewsbury, 

Lord Viscount Lumley. 

Their Lordships do also enter upon the consideration of the 
present condition of the Provinces of Maryland, Pennsylvania and 
Carolina, &c., which having been formerly granted to sevei^all 
persons in alisolute Propriety, by which Title they clainie a right 
of Government, their Lordships agree to report to His Ma*>'. their 
opinion, tliat the present circumstances and relation they stand in 
to the Government of England, is a matter worthy ^f the con- 
sideration of the Parliament for the bringing those Proprieties & 
Dominions under a nearer Dependance on the Crown. 



S. P. O. North Carolina. B. T., Vol. 2, p. 147. 

Lords Frojjrietors to Govr. & Council of Ashley Eiver. 
IT Hay, 1G80. 

Whitehall, May H, 1G80. 

We here inclosed send you the copy of our last, least the 
Original sent by the Richmond Frigate should be niiscarry'd. 

We againe desire you to take note that the Oyster poynt is the 
place that we do appoint for the Port Townc, w^''. you are to call 
Charles Townc, and to take care that all ships that come into 
Ashley or Cooper Rivers doe there loade & unloade. Each of 
the Lords Proprietors is to have 5 Acres reserved within the said 
Townc, for the Towne lot W''. you are to cause to be run out to 
such as shall send to demand it in such places as their Agents 
shall require. And you are to leave as much land in one piece 
in other convenient places for each of the Lords that do not send 
to demand it, taking still care of the regularity & streightness of 
the streets as we directed in o^ last. And whereas the taking up 
of towne lots by persons who do not in a short time build thereon, 
may be a means of hindering others that w'. presently build 
whereby the erecting of a Towne w''. be much delayed, You are 
therefore to pass every man's grant under the degree of a Pro- 
prietor with a proviso, that the foundation of his house shall be 
laid in less than one year, and a house erected before the erection 



394 EARLY HISTORY OF SOUTH CAROLINA. 

of 2 years, otherwise it sliall be lawful! for any other to take 
said land & build thereon. And if any person having also erected 
one house on his Towne lot & desiring to build more houses, We 
are contented he shall have more lots provided he will erect a 
house of at least 30 foot long & 16 foot broad & two stories high 
besides gan-ets, on each lot within twelve months after his taking 
up said lot. 

M'. lieresford having given us assurance that he will in three 
years time have above 40 able persons upon his Plantation, We 
have thought fit to grant him a Mannor of 3000 Acres of land 
of which you are to take note, & pass a Grant to him for that 
quantity of land when he shall desire it. We being informed that 
there are many Whales upon the Coast of Carolina, which fish 
being by our Fundamental Constitutions reserved to us, We 
have notwithstanding (for the encouragement of Carolina) thought 
fit to give all persons whatsoever that are Inhabitants of our Pro- 
vince, free leave for the space of seven years, to commence from 
Michaelmas next, to take what Whales they can & convert them 
to their owij use, & this our condescension you are to make public, 
that any that will may take the benefit of it. 

That there may be a more than ordinary care taken to do justice 
to the Indians, We have thought fit to appoint by our Com- 
mission a particular Indicature for tliat ])urpose, which you are 
to cause to be published & yield due obedience to it. 

We have also thought fit to grant 3000 Acres of Land to M^ 
Christopher Smith upon the same terms we have granted them to 
M"". Beresford, but note that if the person to whom we have granted 
the said proportion of 3000 Acres, do not within the time limited 
bring on the hands they have promised, then you are at liberty to 
grant to other persons so much of the said land, taking it proi)or- 
tionably fronting to the River as after the rate of 10 Acres per 
person, they shall have failed to bring on of the number promised. 
Given under our hands the day abovesaid. 

Albermarle, 
Craven, 
Shaftesbury, 
Berkeley, 
J. Colleton. 

To, 

The Governor & Council of Ashley River in Carolina. 



APPENDIX. 3 Jo 

Whitehall, the 10*" of May, 1G82. 

Wee havinp: been prevailed upon at the request of scverall 
eminent worthy Persons who have a mind to become settlers in 
our Province of Carolina, to make review of our fundaraentall 
Constitutions, & to make therein some additions & alterations, 
wee have now sent them to you si.o^ned & sealed anew, & as they 
are to be for the future, & these additions & alterations being for 
the greater Liberty, security & Quiet of the people, wee doe not 
doubt but you will acquiesce in them, which is the reason that 
wee hav-e done it without proposeing of it first unto you. The 
additions Sc alterations we have made are as followeth : 

In the first place, our fundamcntall Constitutions, bearing date 
the first of ]\rarch, 1 G()9, hath appointed y'. y" eldest man of the 
then Lords Projirietors shall be Palatine, & soe on untill they are 
all deceased, & the next eldest, & soe on, shall have their choyce 
of the severall great offices, but since that time some of the then 
Lords Proprietors having sold their Proprietorships, & in our 
Constitutions of the first of March, 1GG9, there being no Provisou 
made who those who by succession or bying are or shall become 
Proprietors shall succeed to be Palatine, or have their choyce of 
the other great offices, nor how y inconvenicncies shall be avoided 
that may possibly happen to the Inhabitants of your Province, by 
leaveing those Proprietors that have bought out others, & are 
younger than others that have bought or succeeded to be proprie- 
tors in a capacity (out of avarice or perverscness) to make leases 
or frandilent conveyances of their Proprietorships to men elder 
than the other Proprietors that have bought or are succeeded to 
be Proprietors, thereby to defraud them of the prolfitts of y^ Pala- 
tin's Place or the government, by which means Little men & of 
unjust Principalis may get into y Govcrnm'., & the administration 
of the offices of greatest trust, w''. can neither be for y'^ ease nor 
safety of the Inhabitants of our Province, of which we have a 
most tender regard — to obviate those inconveniences have thought 
fitt by our Constitutions to apoint that he that hath been longest 
a proprietor of those that have bought or succeed, shall after the 
death of those who were Proprietors in 1GG9, succeed to be 
Palatine, & have the choice of the other seaven great offices, 
untill after the yeare 1700, when the Power of disposeing of 
Proprietorships ends, & takes away the foremcntioned incon- 
venience. 

The next alteration is, that whereas in the fi'ormer constitutions 
the assistants of the Colledges were cliesen into the Grand Coun- 
cill by the Grand Councill, by these constitutions ho that hath 
been longest an assistant of any of the Colledges, & of the same 
degree & choice of him who is dead or removed, shall succeed to 
be of the Grand Councill, w*". wee judge to be more equall & lesse 
dependent than y" former way. 

The next is, whereas by the former Constitutions nothing was 



396 EARLY HISTORY OF SOUTH CAROLINA. 

to be proposed in the Parliament that had not first passed the 
Grand Coimcill, w''. is the Senate of Carolina, & yett a negative 
reserved in the Palatine's Court upon all votes & orders of the 
Grand Couneill, wee have in these our constitutions, left the 
Senate or Grand Couneill tit liberty to propose to the Parliament 
all such things as they shall, upon mature consideration, thinke 
fitting for the good of the people. 

And whereas it is not impossible that even the Grand Couneill 
or Senate of Carolina, that we have taken such care to have 
equally constituted for the good & quiet of the inhabitants of 
Carolina, may becoine corrupt & forgett their duty, & not take 
sufficient care to remedy inconveniences by proposing fitting Laws 
to be passed by the Parliament, wee have thought fitt to apoint 
that if the major part of the grand Juryes of the Couutyes shall 
present a thing necessary to be i)assed into a law, & that if the 
Grand Couneill do not in convenient time propose it to the Par- 
li""'., that then it shall be lawfull for any of the chambers to take 
cognizance of it, & propose it to j' house. 

The next considerable alteration is, that whereas by the former 
constitutions all men whatsoever possessing Land in Carolina 
were obliged to pay a rent to y'^' Lords Proprietors after the yeare 
1G89, to comply with the desires of scverall eminent wealthy men, 
who have an intention to become settlers in Carolina, & others 
that are already settled that have no mind to be Incombered with 
rent, wee have in these constitutions left a Liberty to the Lords 
Propri''"'^ to remitt it by an agreement under their hands & seals, 
all which alterations & additions being for the good & ease of 
the Inhabitants of our Province, wee doe not doubt but you 
will take kindly from us, nor doe wee pretend at any time here- 
after to have power to alter any thing in our fundaracntall Con- 
stitutions that restrains the liberty of the people, or inlarges the 
jiower of y Proprietors, unlesse the Inhabitants of our Province 
shall by their Representatives first consent unto it. Wee rest, 
Your afTectionate friends, 

Albemarle, Craven, P',, 

P. Colleton, Shaftesbury, 

John Archdale, Bath, 

for Thomas Archdale, for the Lord Carteret. 



APPENDIX. 397 



S. p. 0. N". Carolina. B. T., Yol. 3, p. 8. 

Lor da Proprietors to Governor Mpreton. 

21 November, 1682. 
Wee haveing agreed w*". the IIon'•'^ S^ John Cockrain & S"". 
George Campbell, in behalfe of themselves and other Scotts for y" 
settleni*. of a County in Carolina, do herew"". send you a copie of 
the articles, that you may see what wee are thereby obliged to doe 
& perforrae the same on our behalfes, accordingly, & y'. you may 
also see what y Scotch are bound to, & see the same performed 
on their sides. You will find by the Articles y'. if y^ County they 
take up be not contiguous to any of the three y'. are already 
apointed to be set out, it is to be so far from them as to leave 
space according to y" proportions in our Instructions, beareing 
date the 10th day of May, 1682, for a County betweene those 
already apointed to be set out & y'. made choice of by y" Scotts, 
& if it be farther remote then the bredth of one County, y". it must 
be so far remote as to have space enough for two Countyes & so 
on. Our Designe in this being that their County shall not be so 
taken up as to leave a space between County & County y^ is not 
sufficient for a whole County, & thereby hinder y" runing out of y^ 
whole regulerly into Countyes of 5 squares broad next y sea, & 8 
deep into y Land ; & in y next place wee desire you to observe 
y'. y^ s'\ County contracted for w'". ye Scotch, is not to interfere 
w"". ye County wherein the cheefe Towne of Carolina shall bee 
sett, W''. wee designe to be on some part of Combahee River ; 
their County is not to be on either bank of said River, but y^ s''. 
River, as soon as wee have made choice of y place to set the said 
towne on, and agreed in what proportions to devide y Land 
thereof, for y better strengthning & for y more easy comunication 
of the Inhabitants of our s''. Province, is to be free to all people 
whatsoever y'. live under our Go verm*., to have their conveniencyes 
there according to such rules & measures as wee shall hereafter set 
when the place for said towne is by us made choice of, & what wee 
meane by Combahee River, you will see by y'' Map herew'". sent 
you, set forth by our order. "Wee are very much troubled to 
heare y'. you have had warrs w*". y Indians, and are doubtfull it 
may very much impede the settlem'. and discourage people from 
coming to you, if it be not speedyly ended, & we being also not 
throughly satisfied y*. y grounds of s''. warr were just on y^ Eng- 
lish side, desire y'. you \ ill make peace with the Indians as soon 
as you can doe it w"'out loss of reputation. Wee have granted 
pattents for Caciques to Cap". Henry Wilkinson, M''. J"". Smith, 
Major Thomas Row, M''. Tho. Amy, & J"". Gibbs, Esq., & M--, 
J"°. Ashby, of which you are to take notice, & pass grants for 
their barrouyes, according to our Instructions, when they require 
it. Wee now also send you new Instructions how you are to 

34 



398 EARLY HISTORY OF SOUTH CAROLINA. 

grant Land, W^. you are to cause to be recorded, and punctually 
observe the methods therein apointed for the future. Wee also 
desire you to let y*= Inhabitants of our Province know that wee 
will se* man the rent he is to pay us, if he desires not to be 

incumbered w"". a rent after the rate of one shilling p'". Aker. 
Given under our hands and seals, this 21*' of November, 1682. 

Craven, P^, 
Albemarle, 
Bath for '"^ L". Carteret, 
P^ Cap*. Kennady. P. Colleton. 

To Joseph Moreton, Esq., 

One of the Landgraves and Governour of Carolina, & our 
Deputyes. 

S. P. 0. N". Carolina. B. T., Yol. 3, p. 9. 
Lords Proprietors to Governor Moreton. 

21 November, 1682. 

The Scotch & Divers others considerable persons who have 
intentions to become Setlers in Carolina, haveing let us know they 
were doubtfuU y*. there was not sufficient provizion made in our 
former Constitutions against opression* people from such as should 
administer y Gov*, in y Province of Carolina* us & wee being 
willing upon all occations to demonstrate y'. wee aime at nothing 
more y". the Prosperity, ease, security & well being of j" Inhabi- 
tants of our s''. Province, have thought fitt once more to take a 
review of our Fundanientall Constitutions of y Gover'. of Caro- 
lina for y future. And wee being sensible that such often changes 
may be apt to breed doubts in the minds of some people y'. we 
may as well change them to y prejudice of y Inhabitants of our 
s''. Province as their advantage to take of all such doubts. Wee 
doe hereby ratifye & consent y*. you may in Parliam*. declare, 
recognize, enact & confirme y s''. fundamental! Constitutions, 
consisting of 126 articles now sent you under our hands & scales, 
& under the great seall of our Province, & beareing date the lif^ 
day of August, 1682, to be for y" future y« fundanientall Constitu- 
tions & forme of Gover*. of y Province of Carolina for ever, by 
w'=''. meanes there can be no addition or alteration hereafter, but 
according to y rules & methods in s"*, fundamentall Constitutions 
prescribed. 

Given under our hands & scales this 21*' of November, 1682. 

Craven, P'\, 
Albemarle, 
Bath for the L'*. Carteret, 
To Joseph Moreton, Esq., P. Colleton. 

One of the Landgraves & Governour of Carolina, our Deputyes 
& Parliam*. 

P"". Cap". Geo. Kennady. 

* The spaces loft blank were torn aw.iy in original. 



APPENDIX. 899 

S. p. 0. N». Carolina. B. T., Yol. 3, p. 10 
Lords Proprietors to Governor llorefon. 

21 :N'ovembcr, 1682. 

By our Articles with y^ Scots you will perceive y'. wee are to 
buy the Land of the County they choose of y" Indians at our 
charge, wherefore desire y'. as soon as their Agents have signified 
to you where they will have y^ s*". County layd out, y'. you 
instantly treat w"'. y^ Indians and buy the said land of them, W^"*. 
wee would have conveyed to us, William, Earle of Craven, Christo- 
pher, Duke of Albemarle, Anthonv, Earle of Shaftsbury, George, 
L". Carteret, S^ Peter Colleton, Bar*., Seth Sothell, Thomas 
Archdale, Esq"., & our heirs & assignes for ever, by Indenture 
of Bargin & Sale, w*". the words give, grant, bargin, sell, alien, 
release, enfeof & confirme, & y Indians must give possession to 
our uses, w'''" possession mustbewittnessed#so on y* deed, & wee 
doe hereby impower you, Joseph Moreton & Maurice Mathews, 
Esq"., or either of you, to receive & take possession of all lands 
sold by the Indians to our use, & to depute and authorize others 
to doe the same, & we desire you to send us copies of all deeds of 
sale you take from y'' Indians. 

Given under our hands and scales this 21" of November, 1682. 

Craven, P*., 
Albemarle, 
Bath for L". C^vrteret, 
P. Colleton. 
To Joseph Moreton, Esq., 

Landgrave & Governor of Carolina, and Maurice Mathews, 
Surveyor-Generall. 

P"". Cap". Kennady. 

S. P. 0. North Carolina. B. T., Vol. 3, p. 4. 
Instructions for granting of Land in Carolina. 

21 November, 1682. 

1. Wee have directed y Surveyo"" Gen", forthwith to set out two 
Countys, one of the north of Berkely County w'^\ is to be called 
Craven County, & y"= other south W^"". is to be called Colleton 
County, & divide them into squares of 12,000 Akers, W". when 
done, you are to observe the following rules in y* grants j'ou pass 
for lands in the same & all others that shall hereafter be set out, 
until you have other orders from us. 

2. In the first place, you are by and with the consent and advice 



400 EARLY HISTORY OF SOUTH CAROLINA. 

of onr Pcputys, to make choice of in all Navigable Rivers in each 
County to be set out a pcice of Land of 500 Akers, whereon to 
build the i)ort towne for y\ River, in y choice of W^''. you are to 
liave rej^'ard to the following particulars, (viz.) that it be as far up 
as the bigest ship y'. can come over the barr of y" s'. River can 
safely & conveniently sayle. The land you make choice of to be 
so high above high water marke, that tluire may be convenient 
sellers made under ground. That there be plenty of wholesome 
'water easy to be come at. That it may be if i)Ossible farr from 
Marshe swamps or standing Waters. 

3. The square wherein the 500 Akers shall be you make choice 
of for a port towne is to be a Colony, so are y two next squares 
on y same side of y river adjoineing to it, so are the squares in 
behind them from the River, w""". six are to be a precinct, & no one 
man shall have in any of them nor in the three squares on y other 
side of the Jlivcr oposite to them above y pro|)ortion following, 
viz., a Proprietor 800 Akers, a Landgrave that hath built a house 
in s''. towne & hath right to so much land over & above his Bar- 
rony 000 Akers, a C#ique y'. hath built a house in s''. towne and 
hath right to so much land over and above his Barronys 400 
Akers, any other person that hath right to so much land, & shall 
build a house 200 Akers and no more, so there may be roome for 
a good number of people to set down together for y better 
strengthning y- })lace, and whosoever doth take up land in any of 
y s''. nine squares according to y s''. proportit)ns, may have as 
much front to y"^ River as one fifth part of the Depth or side Lines 
of his Land is in from the River. 

4. You are to consider of a convenient place for a ferry upon 
every Navigable River, & haveing pitched upon a place conve- 
nient, you are to order to be set out 1000 Akers W''. whosoever 
takes up, shall be oblidged to keep a ferry for the ferrying over 
men & horses at such a price as shall be agreed on by the grand 
councell, and when you pass a grant for s'". land, you are to inccrt 
the condition of keeping a ferry in the grant besides the rent. 

5. Any Landgrave or Cacique makeing it apcare to you that 
he is so, either by ]>roduceing his pattcnt or being signified to yon 
by us that we have so created him, & haveing subscribed in y 
Book for y'. purpose provided to beare faith & Allegience to our 
Soveraigne Lord, King Charles the second his heirs & successors, 
and to be true and faithfull to the Lords Proprietors their heirs 
and successors, and to maintainc y forme of Goverm*. by them 
establish'', in their fundamentall Constitutions, (bearing date y" 

day of in the Year of Our Lord, lG82j as in the same 

Constitutions is provided, you are then to issue out your orders to 
y Survey"" Gen'., to admeasure out unto him as many of the 
Squares for Barronyes in the said County as of right doe belong 
unto him, and he is willing to take up and are not made choice of 
by you for a precinct for the towne, nor are before made choice of 



APPENDIX. 401 

• 

by any other that hath right to choose, provided that each Bar- 
rony he iu one iutire peece, & y'. in no one County there be above 
4 Barronycs set out to the Landgraves, 4 to y'' Caciques, nor above 
eiglit Signoryes to y" Lords Proprietors, so y'. in every County 
there sliail be 24 of y 40 squares remaine for the use of y people, 
nor are you in any County to suffer y" People to posses more y". 
24 squares, so y'. 16 squares intire may be left for y Signoryes & 
Barronycs, y'. y* Bal^''. apointed by our Fundamental! Constitu- 
timis may be prescrv'. 

6. Any of y squares of a County y*. are made choice of by a 
Proprietor, shall be a signory for ever belonging to y'. Proprietor- 
ship, & you are to pass the necessary grants for y same. 

I. Any Landgrave or Cacique y'. is not in Carolina, may take up 
y* said Land belonging to his Dignity by his Agents or Attorney. 

No Man that hath right to land in Carolina by purchase and 
is under the Degree of a Proprietor, shall have liberty to choose 
the Land due to him untill he have subscribed in y book for y'. 
use provi''., to beare allegience to our Soveraigne Lord the King 
his heirs & successors, to be true & faithful to y Pallatine, & y 
Lords Proprietors their heirs & successors, & to submitt to & 
maintaine the Govcrm*. as it is established by their fundamental! 
Constitutions, bearing date the day of 

8. Any Man that hath subscribed, as is above mentioned, shall 
have liberty to choose their land & have it set out in manner 
following. 

9. Any Man who by purchase or by bringing on Servants into 
our Province hath riglit to 12,000 Akers of Land, if he will take 
it up all together in one peece, shall have leave to choose any of 
the Squares in any of y" Countys, y'. wee have directed forthwith 
to be set out y'. is not actually made choice of by some other, y' 
hath right to choose a whole square or part of one, & may have 
as much of his Land fronting to a Navigable Ptiver as y'' g'. of 
Akers will allow, w'". y side line of s". peece of land running from 
y River in straight parallel lines, 346 chaine so y'. y Breadth of 
y* s''. piece at y* head line in from y river may be equall toy front 
line on y River. 

10. Any Man haveing right to 6000 Akers of Land takeing 
it up in one peece, may have as much of his Land fronting on y 
River as halfe y depth. Viz., 173 chaine fronting on the River. 

II. Any Man haveing right to any g*. of Land under 6000 
Akers, may have as much front to y= River as y s". quantity of 
Land will beare w"'. y side lines of it runing in from y river 
in straight parallel lines 346 chaine. 

12. Any one y'. shall take up his Land 346 chaine in from a 
Navigable River shall have it in a square figure, but any man y'. 
shall take up his land in a creek Navigable for boats only, shall 
have but a 6"'. part of his depth fronting to s"*. Creek so y'. y 
more [KTsons may come to have y' Benefitt of it. 
34* 2 A 



402 EARLY HISTORY OF SOUTH CAROLINA. 

13. If two Navigable Rivers be so nere together y'. y^ distance 
is not sufficient to have y" side lines run in 34G chaine from each 
River y". if they are above 346 chaine asunder y'^ side lines are to 
run no farther than y^ midle between s''. Rivers, but if they are not 
above 346 chaine asunder y- side lines of land taken upon such 
part of them as are so neare together may run from River to 
River. 

14. If any Man's line y'. takes up his land on a Navigable river 
or Creek be not contiguous to another, it shall not be nearer to 
another line than 12 chaine ; if any man's line y'. takes up his 
land 346 chaine in from a Navigable River be not contiguous to 
another itl shall not be nearer to y*" next man's line y°. 20 chaine, 
y*. so y space between line & line may not be too little for a plan- 
tation & become useless to y" L''* Prop". 

15. You are not to pass Grants to any Man whatsoever above 
30 miles South of Stonoh nor above 50 miles North of Ashly & 
Coopper river, nor above 60 miles in from the sea, upon any pre- 
tence whatsoever, unless you have spetiall orders for y" same, 
und"". y^ hands & Scales of y Pallatine, and two more of us y^ 
Lords Proprietors. 

16. We understand y*. there is on Edistoh River, about 20 
miles above the head of Ashly River, a convenient, fertill piece of 
Land fitt to build a Towne on, w^*'. you are to reserve for jK use, 
& cause y Surveyor Generall to set out there 500 akers for a 
Towne and 12000 akers for a CoUony about it, of j" w^". 500 
akers is to be part, w''. being above y salts & marches, wee are 
of opinion will be more healthy y nearer y Sea, & if any man 
will build a house in s*. Town you may grant him 100 akers in y* 
Collony. 

n. From any of these rules for seting out Land bounding & 
passing of grants for Land w''. wee have also commanded y'' 
Surveyor Generall to observe, you are not to deviate w*''ont 
spetiall orders for y*' same, und"". y hands & scales of y Pallatine, 
& two more of y Prop". 

18. You are to take notice y'. wee doe at present grant to all 
free persons above the age of 16, y^ come to plant in Carolina 50 
akers of land & no more, & to them for each Servant they bring 
into Carolina at their charge, 50 akers more, and y like for each 
woman servant y'. is marageable, & for each male servant under 
16, or woman servant not marageable, 40 akers, & to each servant 
when out of his time 50 akers to y respective persons & their 
heirs for ever, they paying y penny p*". aker quitt rent Wee have 
reserved & w''. is too beginn to be paid y^ next Michaelmas, two 
yeares after they have made choice of their Land & to be so 
incerted in their respective grants. 

19. Any person haveing transported himselfe & servants into 
y'. part of Carolina that is under your Gover''. to plant, shall 
make it apeare to yselfe & y grand Councell by produceing his 



APPENDIX. 403 

Servants before tlieni, or upon certificate upon oath, & his or her 
owne name & his servants name being recorded in y" books of y^ 
grand Councell, and he haveing subscribed as is in these our Instruc- 
tions before mentioned, you are thereupon to issue out a warrant 
to y" Surveyor General! to lay him out a parsell of land according 
to y^ proportions & rules directed in these our Instructions, & y 
Surveyor General having done y same, and y^ warrant, and y* 
Surveyor Generalls retournc thereupon being recorded, you are to 
pass a deed indented for y'' same, according to y^ forme to W^''. 
these our Rules are anexed, & you are to cause y" party to whonie 
you pass y^ s". deed att y same time, & before y same Witnesses, 
to signe, scale and deliver a counter part thereof to y*" use of us, 
W'"., Earle of Craven, Christ., Duke of Albemarle, Anth., Earle 
of Shaftsbnry, George, L''. Carteret, S''. Peter Colleton, Seth 
Sothell, Tho. Archdale & our heirs & assignes to w"". deed 

you, our s'. Governour, haveing sett y hands and scales of us, y* 
Lords Proprietors, w*''. y"= concent of four or more of our Depu- 
tyes, certified by their being Witnesses to y^ same, whereof 
Maurice Mathews, Esq., or y Surveyor Generall for y<' time 
being, to be one, & y" counter part being signed, sealled & deliv- 
ered, as aforesaid, bouth are to be recorded in the Register's Office, 
& y counter part of y said deed kept amongst the Records in y« 
Secretaryes Ofiice. 

Mem. — The foregoing power for seting the hands & seales of 
y Lords Proprietors to grants for Land in Carolina, the forme of 
s'' Grant & Instructions for seting out Land were signed by y"" L"". 
Craven, y= Duke of Albemarle, y L". Bath for y= L''. Carteret, & 
S'. Peter Colleton, & fixed altogether w"". y great seale of y« 
Province. 



S. P. 0. N". Carolina, B. T., Vol. 3, p. 1. 

Power to grant Land in Carolina. 

21 November, 1682. 
To all to whome these presents shall come, greeting : 
In our Lord God ever lasting. Know yee, that Wee, William, 
Earle of Craven, Pallatine, Christopher, Duke of Albemarle, 
Anthony, Earle of Shaftsbnry, George, Lord Carteret, S^ Peter 
Colleton, Bar'., Seth Sothell & Thos. Archdale, Esq"^'., the true 
& absolute Lords & Proprietors of y* Province of Carolina in 
America, for divers good and reasonable causes us thereunto 
moving, have given & granted, & by these presents doe give and 
grant full power, liberty, license and authority unto Joseph 
Moreton, Esq., one of the Landgraves & Governour of Carolina, 
& to y Governour for the time being, full power, lycense, liberty 



404 EARLY HISTORY OF SOUTH CAROLINA. 

and authority for us, and in our names to grant and convey land 
in Carolina to such persons as shall transport themselves or others 
into the said province, to plant & inhabit, by Indenture, according 
to the forme hereunto annexed, and in our names and to our uses 
to receive the Counterpart of the s''. Indenture from any person 
or persons to ■\vhome land shall be so granted as aforesaid, and to 
any Indenture after the forme aforesaid to set our hands & seales, 
& in our names to deliver and execute by and with the consent of 
any four or more of the Deputyes of us the s''. Lords Proprietors, 
whereof Maurice Mathews, Esq., or y^ Survey^-Gen". for the 
time htnng to be one, atested by their witnessing the same on y* 
back of y^. Indenture or deed signed & sealed by the said Joseph 
Moreton, or y* Governour for y time being, w***. y« consent of 
four or more of our Deputyes, whereof Maurice Mathews, Esq., 
or y« Surveyor for j" time being to be one, being recorded 
together w"". y" counterpart thereof, signed & sealed by the partys 
to whome Lands shall be thereby granted, shall be as good & 
firme a conveyance in the law, for the lands therein-mentioned to 
be conveyed as if y s**. Indenture or deed had been actually signed, 
sealed & delivered by us y" s''. Lords Proprietors. Alwayes pro- 
vided that there be no more land thereby conveyed, then according 
to the quantity, limits and bounds y*. are directed by our Rules 
for y"" granting of Land remaineing upon record at Charles towne, 
on Ashley River, w"'in j' Province aforesaid, beareing date the 
twentieth day of November, 1682, a Schedule whereof is here- 
unto anexed. And also Provided, y*. y= rent in y s''. deed 
reserved, be made to be payable from y next 29"" day of Septem- 
ber, 2 yeares after y° partys choose y'' land conveyed. And wee 
doe hei'eby repeale & make voyde all former powers by us given, 
of granting land to such persons as shall transport themselves or 
others into o"". s*. Province to plant & inhabit. 

In Witness whereof. We have hereunto set our hands & seales 
& y* great scale of our Province, this 2P* day of November, 1682. 

CRAVE>r, Pal^. 

Albemarle, 
Bath for L''. Carteret, 

P. Colleton, 



S. P. 0. N". Cahol. B. T., Yol. 3, p. 2. 

Form of Grant for Land in Carolina. 

21 November, 1682. 

This Indenture, made the day of , in the yeare 

of our Lord , between the Right honorable William Earle 

of Craven, Christopher Duke of Albemarle, Anthony Earle of 

Shaftsbury, George Lord Carteret, S^ Peter Colleton, Bar*., Seth 



APPENDIX. 405 

Sotbcll & Thomas Arclidale, Esq"., Lords Proprietors of the Pro- 
vince of Carolina, of y^ one part, & A. B. of the other part, Witness- 
eth that the s^ William Earle of Craven, Christopher Duke of Albe- 
marle, Anthony Earle of Shaftsbury, George Lord Carteret, S". 
Peter Colleton, Setli Sothell & Thomas Archdale, Esq"., for and 
in consideration y^ s''. A. B., bis bringing into Carolina, 
persons, by name C. D. E. F., &c., for and in consideration of 
the rent hereafter in these presents reserved and contained, have 
granted, bargined & sould, aliened & confirmed, & by these pre- 
sents doe grant, bargine, sell, alien & confirrae, unto the said A. 
B., a Plantation, containeing Akers of English measure, 

lyeing & being in the County of , in the Province of 

Carolina aforesaid, & bounded , according to y'' Plott here- 

unto anexed, [witb all woods & trees, w**". what else there is 
thereon standing, groweing or being,*] w"'. priviledge of bawkeing, 
hunting, fishing & fowleing, (except & ahvayes reserved out of 
this present grant, all mines & minirclls & quarryes of gems & 
pretious stones, and y= reversion & reversions, remainder & re- 
mainders, & all & every y proffitts of y*" Premises, to have and to 
bold y'^ s''. plantation, & y" presents hereby granted unto him, y^ 
s'\ A. B., his heirs & assigns for ever, yeelding & paying there- 
fore yearely, and every yeare, upon the twenty-ninth day of Sep- 
tember in every yeare, unto y" said William Earle of Craven, 
Christoi)ber Duke of Albemarle, Anthony Earle of Shaftsbury, 
George L'' Carteret, S^ Peter Colleton, Setb Sotbcll & Thomas 
Archdale, Esq"., their heirs & assignes, one penny of lawfuU mony 
of England, for every of y^ said Akers, to be bolden of them, y" 
s"*. William Earle of Craven, Christopher Duke of Albemarle, 
Antho. Earle of Shaftsbury, George L'' Carteret, S". Peter Colle- 
ton, Setb Sothell & Thomas Archdale, Esq"., in free & comon 
soccage, the first payment hereby reserved to begin & to be made 
due upon y^ 29"' day of F*"", w^''. shall be in y'' yeare of our Lord 
, & y" said A. B. doth for himselfe, bis heirs, Execu""*, 
Adm'^ & assignes, covenant, promise & grant to & w"'. y" s'K 
W'". Earle of Craven, Christ. Duke of Albemarle, Antho. Earle 
of Shaftsbury, George L''. Carteret, S"". Peter Colleton, Setli 
Sothell, Thomas Archdale, Esq"., & their heirs and assignes, in 
maimer & form following, that is to say, be y s''. A. B., bis heirs 
& assigns, shall & will, from time to time, & at all times hereafter, 
well & truely pay the s"*. yearely rent hereby reserved to y^ s*. 
W"'. Earle of Craven, Christ. Duke of Albemarle, Auth. Earle of 
Shaftsbury, George L". Carteret, S''. Peter Colleton, Setb Sothell, 
Thus. Archdale, Esq"., their heirs & assignes, at or in Charles 
Towne, in Berkely County, in y s''. Province of Carolina. Pro- 
vided always, & it is hereby agreed that if the s"". yearely rent 
hereby reserved, or any part thereof, shall happen to be behind & 

* This is inserted in the margin. 



406 EARLY HISTORY OF SOUTH CAROLINA. 

un}3aid by the space of six Calender months after or over any of 
y s". dayes of paym'., wherein y*" same is hereby reserved or made 
payable, there being no sufficient disstresse upon the premises 
hereby granted, then & in such case, it shall and may be lavvfull 
to & for y" s''. W'". Earle of Craven, Christ. Duke of Albemarle, 
Ant. Earle of Shaftsbury, George L". Carteret, S''. Peter Colle- 
ton, Seth Sothell, Thomas Archdale, Esq"., their heirs & assignes, 
into y same Premises, & every part thereof, to enter & to take & 
receive, to their own use & benefitt, all & every y^ rents, issues & 
prolfitts, so long & untill they shall thereby be fully satisfied & 
paid all arrears of y® s''. rents, & all their reasonable charges, 
damages & expences W''. they shall from time to time sufler or 
sustaine, for or by reason of y^ uon payment of y* said rent in 
manner aforesaid : Provided also, & y' said A. B. doth, for him- 
eelfe, his heirs & assigncs, covenant and grant to & w***. y" s"". 
William Earle of Craven, Christ. Duke of Albemarle, Antho. 
Earle of Shaftsl)ury, George L''. Carteret, S'". Peter Colleton, Seth 
Sothell, Thos. Archdale, Esq., their heirs and assignes, that in 
case it shall happen that the s'. yearely rent hereby reserved, or 
any part thereof, to be behind & unpaid by the space of ninety 
dayes over or after any of the said dayes .of paym'., whereon the 
same ought to be paid by virtue of the reservation thereof herein 
before contained, that then & soe often it shall & may be lawful! 
unto & for y s'. W™. Earle of Craven, Christ. Duke of Albe- 
marle, Ant. Earle of Shaftsbury, George L". Carteret, S'". Peter 
Colleton, Seth Sothell, [Thos. Archdale omitted,] their heirs & 
assigns, from time to time, & at all times hereafter, into all and 
every of the premises hereby granted, or any part thereof, to enter 
& distraine, & y disstres & disstresses then & there found, to take, 
leade & carry & drive away & impound, & to detain & keep 
until they shall be fully satisfied and })aid all arrcares of y said 
rent. 

In Wittncss Whereof, the said parties to these presents have 
hereunto interchangably set their hands and scales, the day & 
yeare first above written. 



White Hall, this 30"' of September, 1GS3. 
In our last wee gave you directions that, of the twenty members 
to be [chosen] this month for the bienniall Parliament, ten of 
them should be chosen at Charles-Towne [in] Berkley County, out 
of the inhabitants & freeholders that have five hundred acres in 
that county, & the other term at London, in Colleton County, out 
of the inhabitants & ffreeholders, soe quallified in that county. 
Kow, for as much as wee are not certain that those orders arived 
you soon enough, and that the Parliament was not soe chosen, wee 
doe hereby order that you forthwith disolve the Present Parlia- 
ment & call another, to be chosen according to those orders, and 



APPENDIX. 407 

that in the writts you direct them to be chosen at both places in 
one & the same day, but if it was soe chosen that then that you 
doe not disolve the same. Wee are informed that there are many 
undue practices in the choyceof members of Pari""'., and that men 
are admitted to bring Pa])ers for others & put in their votes for 
them, «■''. is utterly illegal & contrary to the custome of Parlia- 
ments, & will in time, if suffered, be very mischeevious ; j'ou are, 
therefore, to take care that such practices be not suflered for the 
future, but every man must deliver his owne vote, & noe man suf- 
fered to bring the votes of another, & if the sherilfs of the Coun- 
ties shall presume to disobey herein you are to commissionate eight 
other sherifl's in their lloomes. 

Whereas, we did by our order, dated the 21"'. of November, 
1G82, give power to you, our Governor, to llattifye & contirme in 
Parliament our fundamentall constitutions, dated the ll"" day of 
August, 1G82, wee doe now direct that you doe not doe it untill 
you receive further orders from us, for the Scotts have desired 
some additions that may be for the benelitt of the Inhabitants, and 
wee doe hereby repeale & make void the said Power to you Given. 

The Secretaries, Surveyor Generals & Registers Places being of 
great trust & requiring men of abillity for the executing of them, 
which cannot be expected unlesse the Places afford some proffitt 
Equivalent to their trouble, wee doe hereby strictly charge & re- 
quire you not to consent to the passing of any act of Parli"". for 
the deminishing the fees that have hitherto been taken by the offi- 
cers until you have first consulted us & had our consent for your 
soe doeing. 

We doe strictly charge & require you not to suffer any Indians 
to be transported without the Lycense of the Parli'"'. chosen out 
of Both Counties, as we have above directed, & that you assemble 
the Pallatine Court to consult apart of all acts of Parli'"'. & Ly- 
cenco for transportation of Indians, that they may give their nega- 
tive if the major part shall think htt. If any magistrate or other 
officer, that is commiijsionatcd by you, our Gov'., or chosen by the 
Pallatines Court, doe send away any Indian without })roduceing 
the same before the Parli""*., & have their Lycence for soe doeing, 
wee require that you dismiss him from his office & place another 
in his roome. Given under our hands & seals. 

S. P. 0. N- Carolina. B. T., Yol. 1 

Letter from " Cardrosse,^^ &c., to the Governor & Grand Coun- 
cell at Charles Toion. 

25 March, 1684. 
Stuarts To wne, on Port Royall, y^ 25 March, 1684. 
Honoured S". : — 

The Bearer hereof, M"". Dunlop, one of our Number, haveing. 
some occasions att Charles Towue, wee have laid it upon him to 



408 EARLY HISTORY OF SOUTH CAROLINA. 

give you an account of y* State of our affaires, that noe mistakes 
may arise betwixt you and us, which wee seem to have ground to 
bee jelous of, ))oth from sometliing wee have heard of late & from 
2 Orders wee have seen to M^ Caleb Westbrooke, who liveth 
within this Countye and hath taken land from us ; the one being a 
Warrant to appi'chend one Edenburgh within the Isle of S'*. 
Hellena, which is likewise within our bounds, and the other an 
order to M^ Westbrooke to appeare before you to give information 
touching severall transactions that are of late practiced to the- 
Southward. And all this, without any notice given to us; wee 
nothing doubt but that yon all know the contracts & treaties that 
have been made betwixt the Lords Prop", and us, and other of our 
Countreymen, which, as wee resolve to sincerely keep on our part, 
soe likewise wee expect and resolve to have them kept firme tons. 
As wee are confident the Lords Prop", themselves, ])crsons of soe 
great bono"' and worth, will faithfully doe. Wee have the ties of 
livehig under the same Koyall King and of haveing the same Lords 
Propriet", soe that it will never bee the true interest of any of us 
to left Jealousies arise among us, especially att this tyme when 
wee have ground to apprehend the invasion of a Forraigner. 

Wee expected to have heard what yo^. resolves were after the 
perusall of the Spannish L". wee sent you, but as yett have not ; 
the bearer will likewise informe what siiiistrous dealings Wina «fc 
Antonio, two noted Indians, have taken, both to stirr up the In- 
dians in our parts one ag*. another & likewise ag*. ourselves, of 
which wee doe by this complaine & expect yo\ justice, of whom 
wee likewise hcare that they eutertaine a Spanish Indian, wh.om 
wee have ground to apprehend to bee a Spye sent from S'*. Au- 
gustine, S'-"*. Maria or thereabout. Wee desire you cause deliver 
to the bearer those six guns the Lords Prop", appoynted for us ; 
wee will trouble you noe further but remitt all to the bearer by 
whom wee expect a returne from you. 
Wee, Hono"-". S". 

Yc. most humble Serv*'., 

Cardrosse, 
Will Dunlop, 
Hamilton, 
montgomerie. 
To the Govcrno'" and Grand Councell at Charles Towne, &c. 

S. P. O. N». Carolina. B. T., Vol. 1. 
Letter from " Cardrosse^' to Governor Bob'. Quary. 

11 July, 1684. 
Stuart's Towne, on Port Royall, July the 17. 
Most hono"""*. Sir : — 

I have heard what the Resolucons of the Grand Councell were 



APPENDIX. 409 

last meeting concerning nice, whereby I find the Councell continue 
still in the apprehencou that I have committed some high Misde- 
meano"", and looke upon my not appeareing as a great contempt of 
their authoritye. S'., I doe not looi\e upon myselfe as an English 
Lawyer, and therefore shall not bee positive in every notion I have 
taken of it. Yet my frequent converse in England with men 
skilled in Law, and the custoraes I have seen used there, made mee 
thinke that the first paper which came from the Grand Councell, in 
the nature of a warrant and in the way it was communicated to 
me, was noe legal way of procedure, and I found it proceeded on 
such a mistake that I concluded, on the least information, the 
Grand Councell woldturnc the chace and notice what Dr. Wood- 
ward had done, whereby, noe doaI)t, I would have been vindicated, 
and it would have ajjpeared that my causeing api)rchend Dr. 
Woodward, under such ^circumstances, was noe usurpation of 
Magistracy ])utac]eare owneing of and vindication of the author- 
itye of the Grand Councell att Charles Towne ; when Mr. Griffith 
came last I was, as I still continue to bee, taken ill of the feavor 
and ague and soe could not answer then, nor can I expect, in a 
probable way, to bee in a capacity to waitc upon the Councell in 
the Meeting it hath in August. 1 am fully resolved to come downe 
and to waite on you and it as soon as health and these heats, 
which I have not been accustomed with, will allow, which I hope 
will be in September, when I doe nothing doubt to satisfye you 
and all other gentlemen ancnt what I did, and make it appear to 
you all how much I desire to vindicate yo^ authoritye. And Pe- 
ticon W*". I and others have here signed severall dayes agoc, before 
I licard the last i-esolves of the Grand Councell, will evidence how 
much I and others here desire to bee in every respect and part of 
the governm*. and soe subject to it. I never was, and I hope never 
will bee, an enemie to the Governm*. ; I hope what I now write 
will soe satisfye you and the rest of the gentlemen of the Grand 
Councell that they will not further trouble themselves for sending 
for one who is very willing to take the first opertunity to come. I 
crave pardon for the tedious lyne in writeing, whereof I am forced to 
make use of another's hand, but I have presumed on the small 
acquaintance I have with you and on the character you now beare 
in the Government, of which I wish you much joy. 
I am, 

S-. 

Yo"". most humble Serv'., 

Cahdrosse, 
To Rob*. Quary, Governo^ 



35 



410 EARLY HISTORY OF SOUTU CAROLINA. 

I S. P. 0. N°. Carolina. B. T., Vol. 3, p. 160. 

^- Lords Proprietors to Gov. Jas. Colleton. 

2 December, 1689. 

We wrote you the 1'' of March last, & then sent you Orders for 
the prochiiming William & Mary, Prince & Princess of ()ranp:e, 
King & Queen of England, Scotland, France & Ireland, & the 
Dominions & Territories thereunto belonging, copy of w"". letter is 
herewith sent, least in this time of War the Original should be 
miscarried, & if you have not already i)roclaimed the said King & 
Queen, you are forthwith to do it with all decency you can. 

You say some persons have a mind to purchase their town lots, 
we are not as yet of opinion to sell them, they paying us only an 
acknowledgement, & we desire you to take notice that when any 
have a mind to buy land of us, they must apply to us, & if we 
agree w**". them we shall thereupon issue our order under our 
hands & scales, for your & the rest of our trustees passing a Grant 
for what wee have sold, for wee have not nor shall not give power 
to any in Carolina, to sell lands there & })ass Grants for it with- 
out order first obtain'', for it und^ the hand & seal of the Palatine 
& 2 more of the Lords Prop"., & if any without such order first 
obtained shall pass any Grant for Land sold, it is voyd in itself, 
and those that buy are thereby deceived, for we shall allow of no 
such Grant, we not being bound by it. ; Tou must take the best 
care you can to prevent the running of Servants & negroes to St. 
Augustine, & for the getting those again that do run thither. 
Had the Si)aniards been fairly dealt w"'. in the business of the 
Timagoa Indians, we conceive this had not been so much jn- 
couraged by them ; those Indians ought to have been returned to 
them whosoever had bought them. 

As to what the Gov. of St. Augustine saith about his ord". not 
to let the English come South of St. George, We shall in due time 
take care therein, i We are pleased to hear you have begun to 
make the people sFgn the Indentures. We have by this convey- 
ance sent orders uud'. o"". hands & scales about the Wharves at 
Charles Town, w"". we are willing the several! Proprietors sh"'. 
enjoy to their own use, provided they wharve in that part also 
that is against the end of the Streets, & settle a method for kee]»ing 
that in constant repair. We have also sent some fnrther Instruc- 
tions for the method of passing Acts of Parliament w'". you are 
to observe. We are informed that you have lined a Minister 
£100 for i)rcaching a seditious sermon, & imprisoned him until he 
pays it. Now we are told it is more than the man is worth, & 
that he hath acknowledged his error. Wherefore we w". have you 
remit it. Fines above men's estates, or so as to leave them not 
able to live, the law doth not allow of, and are voted a grievance 
by the Parliament here. As to the unruly behaviour of the Par- 
liament, if it be for the people's good we are content with it, if it 



APPENDIX. 411 

l)e not, the people will sec the inconvenience of choosing such 
men. We W'. not have you call another rarliamont until there 
be an absolute necessity, & that you find the ])cople see their error 
in the former choice, W". they will do as soon as they see the 
. danger that threatens them by these men opposing all resolutions 
that tend to the quiet <^ safety of the place. 

We rest, Y'. aiffect*^ friends, '~\ 

Craven, Palatine, 
Ashley, 
r. Colleton, 
John Archdale for Tiios. Archuale, 
Thomas Amy. 
To James Colleton. 

S. P. 0. N". Carolina. B. T., Vol. 3, p. IGl. 
Lords Proprietors to Governor Colleton. 

2 December, 1689. 

We have by this Conveyance sent a sealed up Commission to 
be lodged with our Secretary, w'^. is to be opened if our present 
Governor sh''. dye or leave the i)lace, and that it sh''. so happen 
that the person named in the sealed up Commission formerly sent 
be dead or not in Carolina. 

We understand that the ground wears away at Charles Town 
for want of wharfiug it, now we are content that every man that 
hath a lot on the sea shall have liberty to wharve in the Land 
before his lot in the said Town & take tlie profit of it to himself, 
provided that tlje persons who have the benefit of this our conces- 
sion, do settle some way amongst them for the wharfing & keeping 
in constant repair the wharves against the ends of the streets, also 
so that there may be a wharf for the other Inhabitants to land 
their goods at w'^out charge. 

You are not to pass any Acts for the raising of money on the" 
Inhabitants of Carolina, unless the major part of the })ersons 
chosen by the peoi)le that are present in Parliament at the reading 
such Act give their consent to it. 

And if any three Members of Parliament shall protest against 
any Act that is passing, that is contrary to our Fundamental 
Constitutions, You are then to proceed in the passing such law as 
it is in such case provided by the said Constitutions. 

You are to cause this our Order to be recorded and filed, and 
to take notice of it as i)art of our Instructions for the Government. 

Given under our hands and seals, this 2'' of December, 1G89. 

Craven, Pal*«. 
Ashley, 
P. Colleton, 
John Arohdale for Tiios. Archuale, 
Thomas Amy. 



412 EARLY HISTORY OF SOUTH CAROLINA. 

To James Colleton, Esq., 

One of the Landgraves and Governor of that part of our Pro- 
vince of Carolina that lyes South & West of Cape Feare, & to 
the Governor for the time being, & our Deputyes. 



S. P. 0. N». Carolina. Vol. 3, p. 16T. 

Lords Pt^ojJrietors to Andrew Percivall. 18 Oct. 1690. 

London, this IS*" of Oet^, 1690. 
Sir, 

Wee have received your letter dated 11*'' of March last, in 
which you write that it was publish'', by beat of drum in Charles 
Town, y*. all persons that took lands by former as well as by latter 
order, & that have not grants for the same must pay arrears. 
This was never intended by us as you may see by our Instructions 
for granting of land bearing date 10 May, 1G82,' which are or 
ought to be upon record in Carolina. Our pleasure being that 
all such persons that had pretensions to land before the publishing 
these our Instructions should not be required to pay the rent uutil 
y'' time appointed by those our Instructions for granting land, that 
were in force at y time of y^ arrival of such persons with their 
servants to plant in Carolina, Our intentions alone being and ever 
shall be to deale justly & fairly with all men. As to the changing 
Agrarian Laws, those laws were only an agreement among our- 
selves how our lands sh"". be divided, & to be chang''. when we saw 
reason for it, And wee always made y^ terms on which wee 
granted our lands public, so that every man might know what 
they were, & if he had dislik'd our terms he might have let o''. 
land alone ; We compelled no man to take it, and as to y grants 
by way of Indenture, It is y" manner lands are granted here 
whereon rent is reserved, & tho' the rent mentioned be 1'*. p"". Acre 
to avoid disputes, yet we always intended if money were not to be 
had to take o^ rents in Commodities at price courant, & before 
the rec*. of yC. letter had given o"". order to C. Recivo"". so to do, 
& if the Inhabitants bee decreas*.. We are of opinion if the reason 
be well inquir'". into, it will be found to be the fault of some of the 
1". settlers, who if we are rightly informed have omitted no en- 
deavours to discourage any people of worth that have come 
amongst you ; Was not my Lord Cardross k the Scots that came 
with him affronted by them ? was not there a Cabal held in order 
to y^ discourage. Landgraves Morton & AxteF by whose in- 
couragement above 500 people arrived in Carolina in less than a 
month's; time ? have not endeavours been used to discourage the 
French & by keeping things in no settlement, discouragement 
given to all sober men from coming amongst you or indeed staying 
with you ? 



APPENDIX. 4i3 

We made no alterations in our Constitutions aft^ y^ 1'' of March, 
1669, until desired to do it by some who intended to settle in 
Carolina, & the alterations made in 1681, gave y" encouragem*. to 
go there to y^ great number that went there in that year & the 
next, the alterations made afterwards was at the solicitations of 
the Scots, Avho intended to have sent 10,000 people there but 
would not be under y" Governm*. of Ashley River, unless those 
alterations were made in the Constitutions they desir"*. w^"". altera- 
tions gave great satisfaction in many wealthy sober men here, who 
had intent to transplant themselves to Carolina, & many of which 
were discouraged from proceeding hearing those Constitutions 
were refused in Carolina, & had things been settled. We doubt 
not but there would have been many 1000 men in Carolina more 
than there is, for wise men & who have any thing will never come 
into a Country where there is no settled Govcrm' that frees them 
from Oppression, for all the alterations in the Constitutions are 
but further limitations of o''. own power, & putting more into the 
people's or their representatives, as yourself may see if you will 
but take the pains to read the severall Constitutions. 

We have been inform'', that a law for raising of powder being 
propos"*. the Parliament refus'V to pass it, unless they might insert 
some untrue reflexions upon us, & in y" name of Jas. Colleton, 
Esq""., without his quality of Governo""; This Act had been in 
itself illegal if so passed, for power by the Charter is given to us 
by name, our Heirs, &c., to pass laws, they ought all to pass in o^ 
names as hath been formerly used, & because the men that pro- 
posed this irregular course were not humour'd in it they would 
pass no law at all, & leave the Country to be over-run by either 
Indians or French, & in this necessity the Gov. thought fit to 
publish Articles of War, that care might be taken the honest well 
minded people might not be ruined by the perseverance of o"., 
By o"". Charter from the Crown power is given to us to exercise Mar- 
tial Law, We shall not presume to say Magna Charta is or is not 
in force in America before that point be determined here it being 
disputed, nor shall We be so presumptuous as to determine the 
King's prerogative, & say the King could not give us power to 
exercise Martial Law in Carolina, But since all Patents must pass 
the Attorney or Solicitor General, y Privy & Great Scales, & 
that if any of those Officers pass any thing against law they are 
questionable for it. We conceive they W. not have inserted or 
pass*, this pow, unless they had been well assured the King by 
law had power to grant it ; But sure we are we shall never make 
use of this power, but in the greatest extremity ; We think the 
Order of Council passed 26 Feb''., 1689-90, ordaining all men to 
appeare, &=., to be a very good order & may be sufficient if you 
assist in it, to oblige all men to appeare w"". their arms when com- 
manded so to do by their Officers, & if any refuse they may be 
indicted & punished, but if this will not do, W*. you be content 

35* 



414 EARLY HISTORY OF SOUTH CAROLINA. 

to have j'onr person and estate exposed to any small number that 
invade you either of Indians or French. 

M"". Percival, God hath blest you with a very good Estate in 
Carolina, but the courses that some Men in Carolina take, will 
certainly put it in a great hazard to be lost, for we cannot with a 
good conscience as things stand, advise any man to come amongst 
you for we value o^ honor before any thing we have in Carolina, 
"We have a value for you as a sober industrious man, & shall be 
very ready to do you any kindness that is in the power of 
Your very affectionate friends. 

Craven, 

Palatine, 
P. Colleton. 
To 

Andrew Percival, Esq"". 



S. P. 0. N". Carolina, B. T., Vol, 3, p. 180. 

Lords Pr-oprictors of Carolina to the Grand Council of 
South Carolina. 13 May, 1691. 

London, this 13'" of May, 1691. 
There hath been sent us a Paper signed by Andrew Percivall, 
Robert (iuary, Ralph Izzard, George Muschamp, John Berris- 
ford, and John Harris, and findeing by the s''. paper as alsoe by 
M''. Sothell's letters accompanyeing it, that there is intentions to 
send two persons to us to informe us at large of all matters. Wee 
shall forbeare to answer all y" particulers contained in the s*. 
paper untill wee have heard what the s''. persons have to say, 
But wee think fit at present to let you know the constitutions so 
called and dated the 21 of July, 1669, Wee doe not, nor cannot 
owne as ours, or ever intended to be made use of as such by us, 
nor was there ever any alterations made in any of the Constitu- 
tions, but for the greater security of the people of Carolina from 
oppression, either by ourselves or our officers, as any one that will 
please to peruse the severall alterations may plainely perceive ; 
the last in date still boundeing our owne power most, & putting 
more into the hands of the people, and w"^. alterations were made 
to noe other intent but to invite people to goe there that yo^ 
strength and security might be increased, and great numbers of 
peoples invited by the amendm*'. wee had made in our Constitu- 
tions had come to you from all parts of the world had not newes 
come from Carolina, that the alterations so much liked here were 
rejected in Carolina, and the Lord Cardross and others affronted 
and barbarously used the first day of their landing in Carolina, by 
those very men that promoted the rejection of the amendments, 
they gave over their thought of goeing to Carolina, w'". is the 



APPENDIX. 415 

true reason so fe.w have come to you since but the French, for the 
Scotch did agree to pay us a peny p"". acre certain, and take their 
grants according to our forme, as their contract with us, w'=''. you 
have in Carolina will make apeare, and that demonstrates that it 
is not the forme of our Grants makes men forbeare goeing to 
Carolina, for the forme of our Grants w"ere publiquely sliewed 
here, w'"'. discouraged noe man, nor will people come there untill 
things are better settled, nor can wee w^*". honor or a good con- 
science invite men to come amongst you, for wee will not deale 
disingeniousely w"'. any man upon any consideration whatsoever, 
nor, if wee would, have wee power to compell men to come and 
live, and continue under a goverm'. they do not like, or amongst 
persons the unquietness of whose tempers will allow of no peace 
or scttlem'. Men will dye in Carolina for some time faster than 
they are borne or grow up, and if none come to you yo'". numbers 
will by degrees be soe diminished that you will be easily cut off 
by the Indians or pyrats, w"''. we leave to be considered by you, 
that 3'OU may know the consequence of hearkneing to men of 
unquiet and factious spirits. 

We are informed there are some men in Carolina that pretend 
to have power to dispose of our land in another forme than wee 
have prescribed, and also to sell our Lands, & receive y money 
for it, and alsoe our rents. To prevent people being deluded in 
this matter, and com])ell''. to pay money twice, Wee require you 
to publish that wee allow of noe grants or conveyances of Land, 
but such as shall be by the persons by us intrusted, and in the 
forme by us prescribed for that purpose by our Deed, under our 
hands and scales, beareing date the 19'" of Nov., 1689, nor shall 
wee allow of any acquitances for rent, or other money due to us, 
but for such money as shall be paid to Paul Grimball, Esq^, who 
is the onely person intrusted by us to receive our rents or other 
moneys that are or shall become due to us in Carolina. 

Wee did the last year send our orders to our s". lleceiver to 
take our rents in peeces of eight, or where that was not to be had 
in the productions of the countrey, as it will ai)eare by our s^. 
orders to that purpose by this Ship, least the former may 
have miscarryed. Our intentions haveing always been not to put 
hardships on our Tenants, or to require impossibilitys from them ; 
nor had wee thought of changeing the forme of our Grants, had 
Wee not been well assured that the unquiet factious men 
amongst you gave out they would perswade the people not to pay 
us but at their own will and pleasures, unless they might be in 
such Offices as they desired, by whose cuhing Insinuations some 
weak and unprincipled men might have been wrought upon to 
beleeve them, w"=". might have created misunderstandings between 
us and the Inhabitants, w"". can never sute with the prosperity or 
safety in Carolina. It being a good correspondence between the 
Prop'°'\ and the Inhabitants, that will encourage others to come 



416 EARLY HISTORY OF SOUTH CAROLINA. 

to you, and must make that Countrey prosper and increase, to 
W"". wee shall be always ready to contribute all that wee can with 
yo"". safety and our owne honours. 

Wee have been long sensible of the Jealousys and heart-burn- 
ings occasioned among the principall Inhabitants of Carolina by 
their endeavors to have more trade with the Indians than their 
Neighbours, and w^"*. hath often hazarded the peace and well 
being of the Settlement, Wherefore wee should be glad to receive 
from you for our Confirmation, a draught of a Law for the regu- 
lateing of that Trade penn''. in such maher as it might secure the 
peace of the Settlement, and yet leave all men at liberty to have 
an equall share and advantage of the Trade. 
Wee rest Yo'. affectionate Friends, 

Craven, Palatine, 
Ashley, 
Carteret, 
P. Colleton, 
John Akchdale, for 
Trios. Arcudale, 
Thos, Amy. 
WW 

To our Grand Council of that part of our Province of Carolina 
that lyes South & West of Cape Feare. 



S. P. 0. N". Carolina. B. T., Yol. 3, p. IT 9. 

Lords Pro", of Carolina to Seth Sothell. 13 Maij, 1691. 

London, this 13'" May, 1691. 

Wee are informed that you have by force taken all y= records of 
Carolina out of y hands of M"". Grimball, our Secretary, although 
y^ s''. Grimball was coiiiissionated by us to be Secretary under 
our hands and the great scale of our Province. In \y'^. maiier Avee 
found it absolutely necessary to have our Secretary comissioned, 
that he being an Officer of the greatest trust in the Go verm',, next 
to the Gov., might have his dependance on the Prop'"", in 
'generall, who are answerable to the King for the good or evill 
Goverm'. of his Subjects, and untill wee had thus Coiiiissioned 
M"". Grimball, Wee could never have the copies of those Records 
and Papers as were necessary to enable us to satisfy y* King in 
such matter as he had or might inquire of us. Wherefore we must 
adhere to haveing our Secretaiy intirely dependant on the Prop'"", 
in general]. Wee are also informed that you have imprisoned the 
the s''. Grimball, because he would not deliver unto you the records 
and scale, with the custody of vf"^. he is particularly intrusted by 
us, for the sealeing Grants for Land ; ouely this Injprisonraeut, if 



APPENDIX. -ilT 

it be as we have heard, is Illof^all and so arbitrary and tyrannicall 
and in so much contempt of our aritliority, wee doc not well know 
how to beleeve it. I^iit that woe may know the certain truth of 
these matters, Wee have impowercd Landg;rave James Colleton, 
Tho. Smith, Steplien Bull, Ralph Izard, and John Farr, Esq"., to 
make inquiry u])on oath, and certify to us how they find it, and 
withall to take duplicates of the depositions of the Witnesses, and 
send them to us, that Wee, ourselves, may bee satisfyed their report of 
this matter is without prejudice or partiality to any party. And 
wee doe hereby charge and require you to restore the records and 
scales to the said Grimball, If it be true that you have dispossest 
him of them, and to suffer him quietly to execute and enjoy the 
place of Secretary W". wee have conferr''. on him. 

Wee are alsoe informed that you have })ut M'. Skenking out 
from being Chief Judge or Sheriff of ]3erkly County, and liavc 
coiiiissioned M^ Quary for the s'', place, a person by us ordrcd to 
be put out from being Secretary, for receiveing of Pyratts whilst 
he acted as Governor, (without any authority from us,) and other 
his Misdemeanours, while he was Secretary. AVee have heard no 
complaints of Mr. Skenking for injustice or opression, and wee 
think it is not for the King's service or our owne honor to have a 
man turned out of iinployment who hath behaved himself faithfully 
therein. And it being the Proprietors in generall that are re- 
sponsable to the King for any fiiilure of justice in Carolina, that 
Judges may not be to much in the power of any Govcrno'", but 
may without danger of being turned out, doe justice equally be- 
tween any man in power in Carolina, and any other of the Inha- 
bitants, Wee have thought fitt to reserve to ourselves the power 
of apointeing Judges or Sheriffs of Countys, and have now sent a 
Coaiission, under our great scale, to Mr. Skenking, to be Cheef 
Judge or Sheriff of Berkly County, whom wee require you to per- 
mitt quietly to execute that office, who wee hope and are con- 
fident will doe e(iuall justice to all men, whereby the people, to 
avoid being ruined, may not be compelled to doe as they did at 
Albemarle. 

Wee rest, 

Yo''. affectionate Friends, 

Craven, Palatine, 

Ashley, 

Cabteret, 

I*. Colleton, 

John Archdale, for 
Tiio. Archdale, 

Tho. Amy. 

To Seth Sothell, Esq. 



2B 



4:18 EARLY HISTORY OF SOUTH CAROLINA. 



S. p. 0. ^-\ C-moLiNA, B. T., Vol. L 

To the Right Honorable Seth Sothcll, One of the Lords and abso- 
lute Proprieters of the Province of Carroleua, — Chanceller, 
Governor and Comander in Checfe of all theire Majestes 
Forces in the said Province. 

Plight Honorable, 

Please to adinitt of an address which, though itt containes little 
elce besides the relation of those mistakes w"=''. usually atteud 
affaires transacted at a thousand leagues, and the uneasiness all- 
wayes subsequent thereto, yett at this time is the happy result of 
yo^ lion", arrivall into this part of this Province, for the reave- 
rence and fidelity which we sacredly owe to all the Loards and 
absolute Proprietors of this Province, and the certaine knowledge 
we had y*. thaier Lordships in generall ware neaver rightly 
informed of their affaires here, hath now, for many yeares, encoraged 
us to a patience under \x'^\ we have not permitted ourselves, even 
to sighth soe loud as to be heard by their Lordships ; yett, over- 
joyed with your presence, we are of a suddaine full of hopes, y'. 
all which is amiss will be amended, and those miserable disquietudes 
and uncertaintyes w=-'. we have labored under, will be no more 
heard of, except in the method the Lords Propriet". shall be 
pleased to use in the ablution of them. The age of the story we 
are to tell and the variety of matter, will not adniitt of a very 
short discourse, but we shall industerously avoyd prolixity and 
pharaphrase, & shall onely give a trew and plaine narative of 
affaires which, wee hope like things demonstrative to the scenccs, 
will, at first sight, sufficiently express y" knowledge of the malady 
we would have cured. And we, in most humble manner, beg the 
favor of y Hon'", to peruse this paper y'selfe, and send it his 
Exce^y., the Pallatine, & every other of the Lords Proprietors 
singly, with such advantage to this Country, & such candor and 
favor as yo^ Ilonnor hath soe often, since your arrivall here, given 
us reason to expect from your goodness. Bee pleased, therefore, 
to be informed that in the Yeare 1GG9 the Right Hon"'"., the 
Lords & absolute Propriety of this Province did encorage, by 
seaverall gaiious consessions, seavcrall people to come in their 
Vessells, provided by them, to inhabitt this part of their province, 
[Ashley Pvivcr] and w*". the said people, did send one Commission 
under their hands and y" greate scale of the Province, dated the 
2G'" day of July, 1G69, directed to Col'. William Saile, Governor, 
& others, his "ChanccUers & Assistantes, with Instructions allsoe 
for Government annexed to y same, y'. their Lordships did allsoe 
send w". the said Commission and Instructions, Fundamental 
Lawes, Constitucons under the hands & Scales of six of their 
Lordshipps, and beareing dale the 2P'. day of July, 'G9, as the 



APPENDIX. 419 

unalterable forme & rule of Government for ever, for their Pro- 
vince of Carrolina & the Inhabitants thereof, and the Governor 
and Conucillers are live times refered to the same in the said 
Comission and Instructions, and farther to induce those fundnientall 
Constitucions, whicli ware fairly engrossed in parchment, and 
signed and sealed as aforesaid, by a higher and more sacred and 
solenme manner then any article in them did require, and then hath 
since been prescribed upon the proposal! of any other Lavi'es or 
Fundamentall Constitucions whatsoever, all persons were required 
by the said forementioncd Institucions to sweare submission to the 
said Fundamentall Constitutions before they could be admitted to 
take up Lauds or have y"" Honno'of beingc Comou"'. of tlie grand 
Councell ; and seaverall hundred of the people arriveiug here, did 
sweare accordingly. Wee are the more exact iu this relation 
because it hath been of greatest moment w"'. us here, and because, 
to our greatest admiration, wee have seen a letter read in Parlia- 
ment y"^ 14'" day of Feb''. 1G8T, dated y'' 3'". of March, 1686-t, 
& signed by their Lords''., the Earle of Craven, the Lord of 
Bath for the Lord Carterett, his late Grace, the Duke of Albe- 
marle, & S'. Peter Colleton, w^". utterly denyed the said Funda- 
mentall Constitutions, declaringc them to be but a Coppy of an 
imperfect Origiiudl, & much more, w^''. wee are not willinge to 
write, nor will we here answer the particulars, iu all w'*'. their 
L''ships are misinformed, least we should seem to love contention, 
while our designe & humble supplication is wholy to desire the 
Lords Propriet". to be rightly informed, and in tliis case we shall 
doe noe more but humbly refer yo"". Hon"". & their Lo''sp' to the 
records in the Secretary's office, w"*". will (we doubt not) plainly 
shew y'. nothinge betweene the Lords Propriet''. & the people 
hath been transacted soe sacredly and w"'. soe mutch solemue 
caution on their Lo'■''sp^ parts as this affaire of the fundamentall 
constitutions dated the 2P'. day of July, 1GG9, & how nn\ny soever 
of their L''sps. signed & sealed any other Constitutions in England 
none ware ever publickly seen here subscribed & sealed w"'. more 
hands & scales then those, & (allwayes reaservinge the respect and 
honnor y'. is due from us to each particular Loard Propriet''.) wo 
humbly take notice that his Grace, the Duke of Albemarle and the 
Earle of Bath weare not concerned in the propriety of this Pro- 
vince when those fundamental Constitutions ware made & his 
Excellency, the Earle of Craven, hath allvvayes been obleidged to 
attend the grate affaires of the kingdome soe ncare the lloyall 
Throne That it is not rationall to beleive that his L'''p can 
remember such sort of particulars as are sett downe in y*. Lett^ 
for neare twenty yearcstogeather, and wee are alsoe assured that his 
L'"p keepes not the Secretaryes office or indicted the Lettor and 
therefore we leave this matter to be adjusted (if now any occasion 
reinaincs) by the records of the Grand Councell here, and the 
whole circumstances of the matter duly related. 



420 EARLY HISTORY OF SOUTH CAROLINA. 

That afterwards ye L'^. Prop'', did send to their Governor & 
Counsell here new Instructions, under their hands and Temporary 
Lawes, und'". their hands & s-eales, both dated the lO"' of May, 
1671, and those Instnictions did seeme in one article to direct to 
Bome fiindaraentall Constitutions wldch had not before been scene, 
& about Feb>-., 1672-3, the Governor Co"., Joseph West, did pro- 
pose to the Councell, in the name of the Lords Propriet''\, a boolce 
of new fundamental! Constitutions, under the hands and scales of 
their Lo"'ps., and dated the first of March, 1669, to be subscribed,^ 
unto by all men, as the sacred and unalterable forme & rule of 
Goverment for ever for this Province of Carolina, and afterwards, 
in the yeare 1677, the same fundaraentall Constitutions were again 
by the s''. Coll. West, in the L''^ Prop••^ names, proposed in Par- 
liament as before in Councell, but thay were received in neither, 
because thj people had all sworne to the Constitutions before- 
mentioned, and here we humbly desire y" llono-". to observe y'. in 
a letter dated the 16"' of 7"". 1671, y'. their Lo^'v^ are pleased 
to write, that the fundamentall Constitutions were the termes upon 
W^'. people had settled in their Couutrey, and that therefore the 
people had reason to expect they (y L'\ Prop'^) should (as they 
did resolve to do) make them good to them, & at y'. time y fun- 
damentall Constitutions, dated the first of March, 1669, were not 
sent hither or knowne to be made, W^''. further appeares Ijy another 
Lett^ from their Lo'''*i". to the Governor & Counsill here, dated 
the 26'" of elune, 1672, in which their Lordships write y*. therew'". 
their printed fundamentall Constitutions, which are those dated y" 
l^t of March, are sent, and tliat Letf. with y said fundamentall 
Constitutions were received here the 8*" day of Feb>-. followinge, 
& then y= said fundamentall Constitutions are first declared by 
their Lo'"i'\ an authentique Coppey, & in the said Lctf., allsoe 
subscribed by fower of their Lordships, (w^''. had allsoe signed 
and sealed the fundamentall Constitutions, dated the 21" of July, 
1669,) their D'^p'. are pleased to condesend to give such reasons 
for the alterations & additions in y" printed Coppey & difference 
from the former, y*. it plainely appeares tlieir Lordships disowncs 
y former fundamentall Constitutions, (to w^". y people generally 
had then three yeares been sworne,) & arc pleased to add that 
their Lo"*''^ are now resolved ultimately to stick to the printed 
fandamentalls without any further mutation, but we humbly refer 
yo^ IIon^ to y said letter it selfe, w<^''. seems to know nothinge 
of the reasons given in the other Letf before mentioned, & dated 
y= 3'' of March, 1686-7. We shall not adde upon this matter 
further then y'. we are well informed y*. these printed fundamentall 
Constitutions have beene & are y' establisht rules of Goverment 
in Albemarle County in this same Province, and there confirmed 
in Parlm'., & that allsoe in this Goverment the Lords Propriet". 
did, by severall Temperary Lawes & Instructions & Lctt'^, under 
their hands & scales, (before y yeare '82,) about twenty-five times, 



APPENDIX. 421 

direct y*. llie Gorernmcnt should be carried on and maintained 
accordinge to them. 

That afterwards, in y yeare 82, the Lords Prop", were pleased 
to send one other new fundamental! Constitutions, under y hands 
& scales of six of their Lordships, & dated the 12*^ day of May, 
1681, to be and remaine the sacred and unalterable forme and 
rule of Goverment of Can-olina for ever, and w*''. the same did 
alsoe send a letter, dated y" 10*" day of May, 1C82, in which they 
were pleased to give certaine reasons for not first proposeing y 
said fundamental! Constitutions to the people, and farther declar- 
ing that they did not pretend at any time hereafter to have power 
to alter any thing in the fundamental! Constitutions, and without 
the peoples' consent, but at the sametirae did more authentiquely 
by certaine Instructions, under tlieir handes & scales of the same 
date with said Lett"'., (w^"". was under their hands onely,) direct & 
order y*. noe person sliould be chosen a Member of the Council! 
or Paiiiment, or have the liberty to chuse the Land due unto him 
before he subscribed submission, to y^ new forme of Goverment 
established in this last fundamental! Constitutions, and the* people 
reraemberinge their Oathes to the first, and deeminge tliese not to 
be agreable to the Royal! Cliarters, which direct the assent and 
approbation of the jieople to all -Laws and Constitutions, did 
deney to receive the said fundamental! Constitutions. 

That a short time after tliis (before- any newes of denying y^ 
third could be heard of in England,) an other fundamental! Con- 
stitution under y'' hands & scales of fower of the Lords Prop"., 
& under the grate scale of the Province, and beariuge date the 
IV^ day of August, 1G82, were sent to and proposed at the 
CouncUl board to be received and subscribed to, w''. fourth for 
the same reasons ware refused, as formerly the second and tliird, 
the Letf^. from tlie Lords Prop", dated the 20'" of 9"", 1G82, & 
the 13'" of 7"", 1G83, did declare noe other reason for tlie suddaine 
alteration, but y'. it was done at the request of the Scotts & other 
Considerable person. 

That afterwards y L^ Prop", did, in a letter dated the 13'" of 
V"", 1683, revolve till further order the power given before to tlie 
Governor to confirme and rattifye in Parliment y" said fundamen- 
tal! Constitutions, dated the It'" of May, 1682, & were pleased to 
give as a reason for their soe doinge, that the Scotts had desired 
some aditions miglit be made for the Benefitt of the people, but 
one of their L'^p\ in June following, writt to S"". Richard Kyrle, 
Governor, y'. the reason was because the people were perswaded 
to reject them by sedicious persons, & therefore for stoneinge y* 
Lords Hon^ the people sliould petition for y'. they were per- 
swaded to reject, which notwithstandinge wee further in all 
humility informe yo"". Hon"". 

That the Lords Prop", did soone after send certaine Instruc- 
tions under their Lordships hands & scales, dated the twelfth day 

36 



422 EARLY HISTORY OF SOUTH CAROLINA. 

of Marcb, 1G84, containinire thirty-eight articles, and in the thirty- 
eight articles tliereof did rencale and make voyd all former 
Instructions and Temporary Lawes whatsoever, and ordered that 
y" third fundamental! Constitutions should be subscribed, sub- 
mitted' to & putt in practice as unalterable, &c. Whereupon the 
Coraon"., llepresentativcs of the people in the Grand Council], 
did enter one protestation in the Sccretarycs office, dated the 
of December, 1GS5, against all the Articles of the said Instructions 
that did direct y'= Government to be according to the said tiurd 
fundamentall Constitutions, dated the 12'" day of January, 1681, 
(againe imposed) & against all other fundamentall Constitutions 
whatsoever, except the first to w"^. the people had sworne as 
afores''. That upon the nineteenth of 9'""", 1685, y'' Parllment 
w^". consisted of eight Deputyes to the Lords Prop''., & twenty 
Coinoners (one whereof was abscut,~) did meete at Charles Towne, 
and Landgrave Joseph ]Morton did, accordinge to the Lords 
Prop"'. Instructions, call all the Members to subscribe iu a book 
to maintaine their fundamentall Constitutions (W^. by the Instruc- 
tions beinge declared) to l)e those of the 12"' of Januarj', 1681, 
twelve of the nineteen did refuse to doe because they had sworne 
to those dated the 2P* July, 1669, and therefore were ordered by 
the said Governor to avoyde the howse, and the seven CoiTioners 
remaiuinge w"'. y eight Prop'-'. Deputyes, did (without them) 
proceed and enact several! Lawes for the Goverment of the Inhabi- 
tants in this Collon}'', & the 12 excluded Members did protest 
against the illegality of their exclusion, & as appeares by their 
protestation under their hands & scales, dated the 20"' day of 
9"", 1685, & given into the Govern''^ hands iu the Parlimeut 
howse, th.e 24"' of the same month. 

That while Landgrave CoUetou was Governor, a Comittee in a 
Parlimeut was appo}mted to inspect the fundaraeutall Constitu- ' 
tions & propose such alterations as they should thinck fitt; the 
worke grew volumious suddenly, but in another Parlim'. all y'. was 
layd aside for some heates ariseinge in the howse, Landgrave Col- 
leton did, upon the 14"' of Feb''., 168T, in some passion, produce 
the above mentioned Letter from the Lords Prop"., & directed to 
the Governor Deputys Councill and Parlimeut, and dated the third 
of March, 1686-7, and coiHanded the Clarke to read itt, & there- 
upon it was afterwards recorded in the Archives of the Grand 
Councill & an authentique Coppy taken of it, and in two Parli- 
ments, since the Coinoners of the Parliment, as well as y^ Governor 
and Lords Deputies, have deneyed to act accordinge to the first 
fundamentall Constitutions disowned by the Lords Prop'*, in the 
said Lcttor, and the people haveinge not accordinge to the Iloyall 
Charters assented or approved of any fundamentall Constitutions 
iu Parliment, have utmnimously declared y'. the Goverment now 
is to be directed and mannaged wholy and solely accordinge to 
the said Charters, and iu particular the last Parliment did deny 



ArPENDIX. -123 

that any Bill must necessarily pass the Cfrand Couneill Ijcfore it 
be read in Parliracnt, and did prefer for the nuuntenance of peace 
and justice, to assent to & a])prove of any Law I'or y'. end, to be 
made aceordinj:^ to y directions and commands in the said Royall 
Charters [1689?], but the Governor and the Lords Deputies 
pressinge to proceed as formerly, viz., by havinge all Lills first 
past the Grand Couneill, nothinge was don, and at litis lime not 
one statute Law is in force in this Colony. 

Tliat as soon as y" s''. Parlimentwas dissolved, some few i)eople, 
mostly the most ignorant, were w*'' greate industrey put ui)on, and 
perswaded to subscribe a petition to the Governor, for settinge up 
Martial! Law ; soon as the French in towne ware tould it was 
oncly to cause a guard to be kept in Towne, others ware perswaded 
by the Governor himselfe to petition him, and y" names of sum 
])eople put to the petition w"'out. their knowledge or consent, and 
then, on the 18th day of March last, the Pallalines Court, withoute 
adviscinge w'". the Commoners of the Grand Couneill, i)ublislu'd 
certain Articles of War, still permittinge ])reposterously Ihe Courts 
of Common Law to be kept open, against this y Comone" of the 
Grand Couneill carneslly, with all due reverence, desired to be 
heard speake, and shew how little necessitye or law there was for 
such unusuall methods of Goverment in a Country where all people 
■were soe obedient & peaceable, but were denyed absolutely by the 
Pallatines Court, which caused the Coinon'■^ to draw one i)rotest 
against the said martiall Law, but least they should ]»ut in the s''. 
protest at the Couneill board, the Couneill was shifted, and orders 
given that noe notice should be given them, whereupon tlu'y offered 
to file the said protest in the Seeretarycs Office, but the Secretary 
would not receive it. Hereupon the whole Cuntrey imediatcly 
was exceedingly disturbed ; those few that had signed the Petition 
cryed out they were betrayed, many jirepared to leave the Cun'trey, 
but most people were soe weary of the discontents that attended 
their thoughts upon this illegal, tirannieal and oppressive way of 
Goverment, that they were more concerned to be provided against 
their friends & fellow Subjects here then the pul)liek Enemy 
abroad, and the ferment grew soe high that nothinge but despera- 
tion was generally observed among the people, the miserable con- 
sequence of which was blessedly evaded by yo''. Hon", arrival! ; 
but to abatfe these discontents an ini})rudent and dishonorable dis- 
corse was spread abroad, that the Martiall Law Avas ])ut up the 
better to come up w^''. soni persons that had disoblidged tlie 
Pallatines Court, and as such Illegal! and arbitrary proceedings 
arc comonly maintained by falshoods, & the meanest and basest 
meanes, the late Governor & Deputies did, in all their jn-ivate dis- 
courses, afi&rme that tlierc was noe other way left but to governe 
l)y ]\Iartiall Law, because tlie Coiiions of the late Parliment had 
. absolutely denyed to make Laws for the Goverment of the Millitia, 
and to provide for tlie defence of the Countrey, whereas the said 



424: EARLY HISTORY OF SOUTH CAROLINA. 

Comons did then and 13 of them have since sworne, that they, the 
whole Commons, did propose to pass an Act for the Establishment 
of the Militia, and further as in the Coppey of the said Oath 
herew'^. sent is fully declared ; but these low falsities beingc soon 
discovered, the Articles of War ware for somethinf!:e not severely 
put in practice, but in this case, as in all other pul^lick actions, an 
endeavour was made, upon pretence of this Lav/, to stopp all 
persons from going abroad to trade with the Indians, while the 
'late Governor was providinge to send himselfe, and did, allsoe, 
after a little time, goe in his owne person out of the Settlement, 
and coirianded agen, as formerly, noe Yamassee Indian to goe and 
assist any man in trading but himselfe, and then sent people to 
trade, &c. But we shall not further observe upon this tirannicall 
Martiall Law, but leave it in the grave yo^ I^on^ hath throwne 
it into, rendringe our raos* humble thanckes to you for yo^ Justice 
therein. 

That y*" methods which those principally entrusted by the Lords 
Prop", have, for manyyeares, used for the imposition of the seaver- 
all fundaraentall Constitutions afore mentioned, have caused much 
uneasiness and troublCv to the good Inhabitants of this Countrey 
in generall and many persons in particular, have felt upon the least 
surmised occasion the indignation, rather then y"^' justice, of those 
that go verne here, and many thousands of people- have been detered 
froin cominge hither to the disconsolation of those that are here, 
& J" disprofitt of the Lords Prop'', and maiiy alsoe left the Cun- 
trey, being not willinge to live constantly affer soe uncertaine and 
unquiett a rate. 

That there is frequent mention of Indian Deallers in the Lords 
Prop", letters to the Goverm*. here, w*". severe reflections upon 
them ; but both before and since those Lett", great endeavors have 
bin used to monopolize the whole Indian Trade, but wee forbare to 
mention here the whole matter because we cannot doe it w'^out 
reflection upon som of the Lords Prop"., and soe wee onely in- 
stance that the late Governor Landgrave Colleton (who is believed, 
upon rationall grounds, to have a partner in England) did w^''. 
y G'*. Councell make an order that, to prevent quarrels and blud- 
shed, noe persons should goe in to y inlands to trade with the 
Indians, and some persons were troubled for their disobedience, 
but the said late Governor sent out Englishmen and Indians, con- 
trary to the said Order, and, under a frivolus pretence, did co- 
ihand and enjoyne the Yamassess Indians, The onely people fitt 
to assist the English, in a way of trade to the Inlands, not to goe 
w"". any person w'soever w"'out his order, and, though wee have 
never wanted courage, to regulate, by Lawes, the Indian Trade, so 
as that the Colony should not be in any danger from thence ; yett 
wee have been alwayes interrupted and obstructed by such private 
doings as these. That we have often received Lett", from the > 
Spanish Governor at St. Augusteeue w''''. wee use to answer w^\ 



APPENDIX. 



425 



courage and wee hope w"'. pnulence ; but the Spaniards did in- 
vade us in the yeare 1G86, destroying several) Plantations and 
mutch stock, and most barberously burned alive one of our people, 
and carved others away into captivity, and y'' whole Country did 
resolve,"by fresh pursuite, to be revenged upon them ; but the Ifite 
Governor arriveinge here forbid it at that time, and afterwards, 
when a new Governor, at St. Augustine, did send a Fryar and a 
Lieut, to treate w'". the Go verm', here about all differences, &^, 
the Governor here (Landgrave Colleton) did not advise w"'. the 
Common'\ of the Councill about the matter, (unless once when 
he desired the Spanish Messenger should, by their consent, be 
maintained out of the publick Treasury, ) but did, contrary to the 
Honno'' of the English Nation, pass by all the bloody insolencys 
the Spaniards had committed against this Colloney, and did, with 
others, enter into a Contract of Trade w"'. the Freyar and sent 
goods with him ; wee are of oppinion wee ought not to be angry 
at a trade with the Spaniards, but as Englishmen, who wanted not 
corage to doe themselves Honora'''"^ satisfaction, we could not but 
admire y*. soe execrable a barbarity committed upon the jierson of 
an Englishman ; & the great desolation y'. was made in the South 
part of this Settlem*. should be buryed in silence for the hopes of 
a little filthy lucre, w^^"., however, was missed of, because y' Fryar 
never sent the retournes promised, but the Spanish Governor, in 
money, sent what he thought was the prime cost, bnt would never 
send back the Negroes y' have run away from hence theither send- 
inge onely complementinge and faire promiseing Ijetters, while the 
Negroes are actually imployed in buildinge a Fort on this side St. 
Augustine, and demandinge the Christian Spanish Indians, the 
Scotts, formerly settled at Port Royall, did cause to be brought to 
them, & which (most of them) were sent off" to other Countreys apd 
sould al Slaves, and about which action the Governor & Councill 
here writt, at large, to all the Lords Prop"^ in a letter sent in the 
yerre 1686 to x)ne of their Lordships by Capt. Ralph Crow, but 
of w"=''. wee have never heard since nor can understand that all the 
Lords have scene it. 

That the Deputies and other Magistrates and Officers, Civill and 
Military, have been every day put out and others put in, without 
any respect to their qualityes, parts, honesty or other abilityes, and 
the Coiuoners of the Grand Councill turned out, under pretence of 
misdemeanour, for any unwary action or word committed or said 
out of Councill or over a bottle of wine in a taverne ; and this 
hath been and may still be done with ease, for there is but eight 
Coiiioners when all the places are full (which seldome happens of 
late yeares) and if one of the Deputies charge one of them w'", 
any action or word, misdone or said, the person accused must stand 
by, and then there is eight Deputies to vote against seaven Coni- 
oners, w'''' , not onely in this case but in all others, make the Grand 
Councill w'=''. is alsoe all Courts of Justice, except the County 

36* 



426 EAIILY HISTORY OF SOUTH CAROLINA. 

Court, and receive, allsoe, appealls from y*, be wholy in all its 
Judgincuts, Acts, Orders and Ordinances as the Governor and 
Dei)utyes please, and they not onely have a negative but an affir- 
mative upon all occasions, and to justifye all this doe record y* 
matters as they please and have entred men present when absent, 
&^, as we are ready to prove. 

That severall Gentlemen, wholely unknowne to the Lords in 
gencrall, have been turned out of all places of IIon^ or prolittand 
forbid to be admitted to any by Lett'\ from the Lords Pro])net''., 
and the said Gentlemen never soe mutch as spake to or called to 
answer for any misdemeanor they had committed contrary to all 
justice and equity, and when some fault hath accidentally, and 
not to themselves been imputed, as perhaps sending off of 
Indians, Slaves, &"., the persons accused have been ready to 
clear themselves, and to declare and prove other reasons for 
such their usage, and in particular y'. y'' crimes they were charged 
with were in the badest sense imputable to those that informed 
against them. 

That a Commission was sent to examine some Witnesses about 
some Gentlemen dealeing with, and this Commission was directed 
to those y'. were generally most guilty, & the Comiss"^ being lost 
the Comissionars signed and sealed an othA* new Comission for 
themselves to examine the matter, & then did proceede to examine 
Witnesses after such a partiall manner as never was heard of, in 
particular askinge the Witnesses whether they did not meane soe 
& soe, contrary to the words of the Witnesses, and another said 
to an ignorant man, a Witness, Come friend, tell me in short y" 
heads, and we will have it put into forme, &'., and at last the 
Gentlemen were cleared, & considering the dealeing some of these 
Comissioners-had then had (as well as since,) w"'. those Piratts it 
Avas easily conjectured that these Gentlemen were intended to be 
exposed upon the accoumpt of particular dissatisfaction concern- 
inge other matters taken against them by particular ]iersons, but 
since we have said the Lords Prop", did send the said Comission 
& lett'^, we doe here with all sincerity declare that we utterly 
abhor & detest the thoughts of imi)utinge the least fault unto their 
L^'p'. in generall, in this or in any other case, beinge well assured 
y'. their L'''p'. have not leisure to mind the minute transactions 
and afairs y'. arise from hence, and y*. in particular we are well 
informed y'. their Lordships doe not know the names or persons 
of people here, (generally speaking,) till they heard of them from 
those of their owne honor'''^ number W^". keepe correspondence 
w*". some here, & wee hope to be the rather believed in this when 
wee have further informed yo^ Hon^ and their Lo'''''ps. 

That most of the Gentlemen of this Countrey are soe unhappy 
as not to know the Lords Prop"., or to have Correspondence w"'. 
any except one or two of them, and thay are discouraged from 
writeinge to those too, because thay have not agreed in opinica 



APPENDIX. 427 

w"'. tlieni concorningc fiuularaciitall Constitiicions, Indentures for 
land and in matters of orderiii,2:c the Indian Trade, but when thay 
have vvritt freely tlieir minds tliey have been chekt, & some dealt 
hardly with therefore. And the Lett", sent to the Lords Prop^". 
from the Counciil, sealed and signed by t!ic CoIhon'^, have not 
been beleived, and others not delivered but misrei)rented by cou- 
strution made according to the Lettor of those four or five persons 
licre who must, & we had almost said, dare not write but as shall 
plesc those who direct them, for though most of y"'. be Lords 
Deputyes, yett they are put in by the Governo"" here and there 
persons & dangerous insufficiencies wholely unknowne to the 
Loards who they represent. And this it is that these men which 
most of them here arc knownc to be extremely perverse or 
ignorant men, are the only informers of matters here, which, how- 
ever, would not bee of soe bad a consequence, if other persons 
could have the opportunity to speake for themselves, or when they 
have found other judges, tlieii those who have informed against 
them and arc thereby become Partyes. That the I/". Prop", 
forbiddinge Pattents to be passed as at first for Lands, and en- 
joyneing all persons y*. will have lands to take them by Indentures 
in vv". the words or the vallewthei'cof are left out and a reservation 
expressed of re-entry, whereas in the Pattents ami in all the funda- 
mentall Constitutions it was expressed a penny an acre or the 
vallew thereof, w'^out any mention of re-entry, hath been the 
occasion y*. many hundreds of people have deserted this Colony, 
and that many thousands have forbore comeing hither. The Lords 
Prop'^ have ))cen pleased in their first Concessions, Agrarian 
Lawes & fundamentall Constitutions to publish to the World that 
men here should have Lands by Pattents for a penny an acre or 
the vallew thereof, & people upon that Encoragement came hither 
not doubtinge but y'. thousands would soon follow them, but they 
are to theire great misfortune deceived, and unless the Lords 
Prop", will be pleased to convey their Land by some easyer way, 
are like to be left alone here, and in particular many people did 
not at first take up all their lands due to them because of the 
poverty & other incumbrances that did attend y" new Settlement 
and those think themselves extremely hardly dealt wt"all, that they 
cannot have Pattents as those had that came here at the same 
time w*". them. We doc not presume to pcrscribe methods to the 
Lords Prop", of disposeing their owne lands, but we humbly pro- 
pose it as rationall, y*. men y*. cannott gett money in this Coun- 
trey where there is noe mint may pay their rents in the most 
valuable and marchantable produce of theire Lands, it was soe in 
England till tenents by the encrease of a forraigne trade found it 
best for themselves and Land Lords to pay in money, it is now 
soe in most of the East Countryes, and particularly in most part 
of Scotland, where y'^' great mens Estates in tlieir publick Acts 
of Parliment arc vallewed by the number of Chaldrons of Corne 



428 EAKLT HISTORY OF SOUTH CAROLINA. 

tlmy receive for rent. We shall not adde upon this matter, but 
y'. we, in bchalfe of the whole Countrey, most humbly and heartily 
begg" and beseech the Lords Prop'*, out of their favorable benefi- 
cence to be pleased to graut y*. whatever y' conveyance be y'. y<' 
Lands shall therein be granted for a penny an acre or the vallew 
thereof, without any expressed reservation of re-entry, & y^ people 
■\;ill allwayes, in parliment or otherwise, be ready to adjust the 
])rice of Coraodityes, so as y'. y" Lords Prop'", shall be gainers, and 
then we doubt not but in a very few years to see such multitudes 
of tennants here as y'. their Lordships shall quickly be re-imbursed 
their great charge, and this we are the most confident of because 
vve are encoraged w", severall new rich Comodityes as Silck, 
Cotton, Rice & Indigo, W^. are naturally produced here. 

That w^e cannot, but w*''. abhorrence & detestacion thinke of 
the base & vile usage yo". Hon"", received after yo^ arrivall here 
from y" Lords Deputies and the late Governor, and as a marke of 
our duty be pleased to adraitt of our sence of the matter a.s 
followeth : 

Wee thincke them to have been extreme rade and unmannerly 
in not wayteiuge upon yo"". Hono'' at any time after yo'. comeinge 
ashore, while all the Gentlemen and considerable persons in the 
Countrey did, as soone as they heard of yo"". arrivall, iniediately 
attend yo^ Hono', & paid their respects to yo^ person, and made 
their due acknowledgments of those illustrious qualityes y'. attend 
it. Wee thinke alsoe y'. their actions and words towards yo"*. 
Hon^ in the first raeetinge you had w"'. them, w*''. was att a 
Pallatine's Court, was very rude and unjust, in endeavoringe iirst 
to enter a false record conserninge you, and therein thrcatninge 
to doe that which afterwards they endeavored, but failed, to doe, 
because yo". Hon', [would] not at their request subscribe the 
Coppy of fuudamentall Constitutions, the Orrigginall whereof you 
had before signed and sealed in England, and yet at the same time 
suffer a Pvccord to be made that you did approve of certaine 
Instructions as a rule of Goverm*. in this Colony, w'^'^. were in 
some articles contrary, and in some preferred even before these 
fundamental! Constitut'. Yo'". Hon"", best knowes how they dealt 
with you that day while we ware absent, but we earnestly begg 
that yo'. Honor will yourselfe write to the Lords Prop", an exact 
accompt of y*. dayes transaction in the Pallatine's Court, for we 
y'. are well experienct in the untoward shifts thay have now a 
long while used to governe by here, are afraid y*. thay will not 
write to y'. L"*. Prop'. W^"*. thay correspond with what is, and was 
really done and said, but shall be most necessary to justefy their 
after seditious and wicked practises against your person, and this 
we rather believe, because thay have reported strange various 
tales conserninge yo'. Hono', W*". sometimes contradicts them- 
selves, & are allwayes very undecente and unlikely, but we cannot 
w-''. patience endure the thoughts of, nor find fitt words to 



APPENDIX. 429 

express their unclatifull and rebellious actions few dayes after, 
when they caused the drums to beate at Charles Towne, and 
Souldiers to take armes w"'out your knowledi^e and order, 
(though you were then in Towne allsoe, ) and did cause to be 
fixed up in a publick place in the said Towne, as allsoe to be 
filed in the Secrctarye's Office a most pernitious & seditious libell 
against you, chargeinge you with Treason and other Crimes to be 
comitted by yo", and declaringe that the people need not obay 
yo-. Hon"', as Govenr. till thay under their hands and scales did 
please to admitt of it, W". had certainely put the whole Countrey 
into blood and distraction, had not the justice of yo^ cause been 
soe plaine and -obvious to every man, & their malice been soe 
extravagant and ill guided by the meanness & weakness that 
attended them, but we.douljt not but in due course of Law, yo"". 
Hon'', will lett them know that y^ Laws will be exerted against 
those that dare so publickely offer such abominable insoleiicyes 
against y* person and rights of one of the Lords and abeolute 
Prop'■^ of this Province, and wee give our most hearty acknow- 
ledgements for that. Yo"". Hon'', hath been ])leased to lay aside 
soe many of the Deputies as by law & the L'^^ Prop". Instruc- 
tions you might, the whole Countrey being apparently thereby 
preserved from confusion and dissolution, and we allsoe render 
our particular thanckes that you have already issued out wi-itts to 
call a parliment, as by a Petition voluntarily signed by four or 
five hundred of the best people in this Country, you were humbly 
reqaested to doe, and we doubt not but in the next parliment 
Lawes will be made to preserve the whole CoUoney in peace and 
prosperity, and from all enemies abroad, and Martiall Law w"'out 
legall occasion at home. As to the signein'ge agen of the funda- 
mentall Constitutions we will not trouble yo"". IIon\ with any 
discorse or arguments this Paper beinge intended generally as a 
bare narrative of former transactions here, w"'out tlie adition of 
our one particular opinions in a matter of that moment. As to 
the Instructions, we owne that the L''^ Prop'■^ have the power of 
seadjng, and such as they please, but cannot believe that their 
L''*ps. did ever intend it prima facia, and w"'out the assent and 
approbation of the people, they are to be received and ]mt in 
practice as Statute Lawes, except in such matters avS wholely 
belong to their L''*ps. order* and direction, accordinge to tlie 
Royall Charter, & we humbly observe that the late Instructions 
to which the Dep'. would have had yo"". Hon^ made a Record of, 
yo". approbation of them, as an absolute rule of Goverment, are 
in some Articles contrary to the L'". Prop™ fundameutall Consti- 
tutions in matters practicable at this time, and in two articles are 
positively prefered before all fundamental! Constitutions. Wee 
have noe more to trouble yo". ^on^ with at the present, and the 
rest of the Lords Prop"., but humbly to inforrae that we are 
resolved in the next Parliment to promote the sending home to 



430 EARLY HISTORY OF SOUTH CAROLINA. 

England of two persons sufficiently commissionated to treate w"". 
the Lords Prop". al)out all the afl'aires of this part of their Pro- 
vince, and that we hope such agreem'. will thereby be made as y*. 
v.'ee shall hereafter florish and prosper ; iu meane time we shall 
endeavor as much as in us lyes to assist yo"". Hon', according to 
our dutys, to keep peace and tranquility here, & to cause justice 
to be distributed accordinge to Law. 



S. P. 0. N". a^EOLixA, B. T., Vol. 3, p. 111. 

Lords Pro})", of Carolina to Sefh BolheU. 12 May, 1691. 

London, May y^ 12'", 1691. 

Your Letters directed to each of us, and all of y° same tenour, 
of the 21 of Oct*""'"., Wee have reC., and are well pleas', to finde 
you write that you will submitt to our Instructions for the 
Goverm*., and that you never denycd so to doe. Wee hope you 
are to knoweing and to wise a man to clairae any power in Carolina 
but by virtue of them, for no prop", single, by virtue of our 
patents, hath any right to the Goverm*., or to exercise any Juris- 
diction there, unless impowered by the rest, nor hath any scaven 
of y"' Prop'''■■^ power to bind any one in his priviledge or property, 
unless by agreem*. among ourselves, W''. agreem'. is contained in 
our fundaraentall Constitutions, bearing date the 12"' of January, 
1681, [1681-2,] those being the onely constitutions agreed or 
signed to by all the eight proprietors ; and if any proprietor shall 
come into Carolina aud take upon him goverm'., grant, comission.s, 
and traine and exercize men, any other wise then pursuant to the 
rules and Instructions for Goverm*. apointod by the rest of y* 
Proprietors, it is by the Laws of England high treason, as wee 
are.well Informed, and if any Governor of Carolina shall without 
consent of our Deputys, Impowered by us or rules from us, take 
upon him to impower judges and other Magistrates, It is a very 
high misdemeanour in the person granting, and also in the p&rson 
v.'ho accepts and executes such office, and all any such Officer sholl 
doe, is voyd, erroneous and at his perill ; and any man in Carolina 
that shall take upon him to act a^ Deputy, that is not duely im- 
powered by us or by rules from us, is answerable for all he shall 
doe l)y vertue of any such pretended power of Deputy. Wee are 
informed that M''. Joseph Blake haveing a deputation under y* 
hand and scale of Mr. Archdale, you have notwithstanding put 
liira out from being Deputy, and put in M'. Berrisford in his 
roome of yo^ owne choice, and that M'. Berrisford acts as Dei)uty. 
Wee hope this information is not true, for wee can never aprove 
yo^ soe doing, and shall be obliged to vindicate our owne rights 
therein, for wee will never allow that any Gov"., upon any p'teuce 



APPENDIX. 431 

■whatsoever, sliall turne out a Deputy that is so apointed to bee 
under hand and scale of any Prop""., that tending towards a re- 
bellion to y crownc, arbitrary power in himself, and the outeing 
of the rest of the Prop'"'', of their rights. 

Wee know not what to say to y-' protestation of our Deputys, 
untill wee are truly informed of y^ matter of fact, they sayeing you 
positively refused to governe by our Instructions or rules of Gover- 
meut, and yoii affirm the contrary, for If you did refuse to governe 
by our Instructions, Wee think they did like wise and honest men 
to refuse to act with you, and wee have a very good character of the 
honesty, prudence and truth of severall of them, but wee shall sus- 
pend our Judgem'. of that matter untill yo'. arrivall in England, and 
that Wee have proof- of the allegations on both sides. Wee do not 
aprove of any reflections upon you for actions in Albemarle, and 
si all be very ready to shew our resentm'. thereof as soone as you 
tave clear'*. yo\self from the misdemeanors and opressions layd to 
yo''. charge by the Inhabitants of that County, W''. misdemeanours 
are, viz'. : 

1. That you seiz''. upon two persons that came into Albemarle 
from Barbados, pretending they were pyratts, although they pro- 
duced cockets & clearm'^ of their goods from the Gov''', of Bar- 
bados & Bermudas. 

2. That you kept these persons in hard durance, without 
bringing or pretending to brhig them to tryall, in w"=". hard dur- 
ance Richard Humphrey, one of them, dyed of grief and ill usage. 

3. That the s'. Richard Humphreys made a will before his 
death, and left one Thomas Pollock his Executor, whom you would 
never admitt to prove the s'. Will, though often required by the 
s''. Pollock to perraitt him to prove it before you, nor would not 
so much as suffer the Court to attest that y" said Pollock had 
offred the will to prove, but took all y goods into yo''. owne hands 
and converted them to yo"". owne use. 

4. That the s''. Pollock haveing sett up his name to come for 
England to coraplaine of yo'. Injustice, you imprisoned him without 
shewing any reason, or permitting him to see a copy of his 
mittimus. 

5. That you have for bribes withdrawne accusations that were 
for felony and treason. 

6. That you did unlawfully imprison one Pvob*. Cannon. 

7. That you did arbitrarily and unlawfully detaine from John 
Stewart, one Negro and 1 pewter dishes. 

8. That you did imprison George Durant upon pretence of his 
having said some reflecting words of yo''self, and did corapcll him 
to give you a bond for a same of money while he was in durance, 
and did afterwards, on pretence of s" bond, seize upon all the estate 
of the s''. George Durant, without any process or collor of law, 
and converted the same to yo"". owne use. 



482 EARLY HISTORY OF SOUTH CAROLINA. 

9. That you did unjustly take from one John Tomlin his 
plantation. 

10. That you did unlawfully dctaine the cattle of George 
Mathews, and refused to deliver them, although there was an order 
of court for it. 

11. That you took the plantation of John Harris upon pretence 
of a sale of the same to you by the s'". Harris, although you knew 
the s"". Harris was under age. 

12. Tiiat you unlawfully seiz/. upon y estate of one i\[owberr_y. 

13. Tliat you did, by yo"'. power as Gov' & Proprict"., seize 
upon severall mens estates without process of law, and did severall 
other unjust & arbitrary actions, for w". misdemeanors and other 
opressions the Inhabitants of Albemarle imprisoned you, with 
intent to send you Prisoner to England, and there to accuse you, 
but you intreated them not to send you to England, but that you 
W". submitt all to be determined by the next generall assembly, 
who accordingly gave Judgem*. ag'. you In all the fore-mentioned 
particulars, and compelled you to abjure the Country for 12 
months and the Goverm'. for ever, whicli proceedings of yo''self 
and the people, is, in our opinion, prejudicial to th.e prerogative 
of the crowne, and the bono"' and dignity of us the Prop'"'^ 
Wherefore, as in duty l)0U!ul, and for our owne vindication, \\ce 
are resolved to have this matter thorouglily inquired into, that wee 
may take such course for the preventcing such disorders for the 
future, as shall apeare most fitting for the asserting of their 
Ma*>^ prerogative, the peace of the Province, the just libertys of y® 
people, and vindication of ourselves. Put are unwilling to pro- 
ceed therein untill Wee have first spoken with you, wherefore 
desire and require that you come speedily for England, that Wee 
may have a full and clear information of all matters, and bee 
thereby inablcd to know how to proceed, and if you shall refuse or 
delay to come, Wee cannot avoid thinking you guilty of all the 
misdemeanours layd to yo^ charge, and shall be constrained for 
our own vindications, and to shew our abhorrence of the injustice 
and oprcssion practiced by any of our number, to lay the whole 
matter before the King, and pray-his mandamus for yo"". apearance 
here to answer what shall be objected ag'*. you, W^". wee hoi)e you 
will not compell us to. Wee being unwilling to make you a publick 
shame or to bring you under a prosecution wee ourselves cannot 
stop when once begun. 

Our Dcputys had orders from us not to call any Parliam*. in Caro- 
lina without directions from us, unless some very extraordinary occa- 
sion should require it, wherefore we cannot blame them for following 
our Instructions, nor can wee aprove of yo'incouraguingtlie people 
to petition for a Parliam'. or calling one, because they did petition, 
tumultuous petitions being prohibited hj Act of Parliam'. here 
with a severe penalty upon such as shall break that law, and wee 
know not how farr such ill example in Carolina may influence his 



APPENDIX. 433 

Mnj''" Subjects in his other American plantations, but since you 
ivrite that the Inhabitans have intentions to depute 2 persons for 
our better Information of all matters, We have directed our 
Deputys to consent to the calling of a Parliam*. for that purpose, 
for any parliam*. called by you with consent of such Deputys as 
are not duly irapowered by us, Wee cannot allow to be a Par- 
liam'., nor can vs^ee tell how to justify our own consenting to any 
Acts made by such Assembly. 

Wee here inclosed send you copie of some articles under the 
hands and scales of the Prop'"", in 1612, to W". my Lord Claren- 
don sett his hand and scale, and to w"'. any that claime under him 
are bound. Wee have no thought nor intentions to doe you 
wrong or injury, but on the other side Wee shall not jjcrrait our- 
selves to be imposed on nor his Majes'''^ Subjects that live under 
our governm'. to be oppress'', or unjustly dealt with by any per- 
sons whatsoever, and shall much rather surrender our Governm*. 
to the King then suffer it, If it bee not to be remedyed othervvays, 
for we have no other interest to keep the Governm*. in our owne 
hands but that we may be able to assure the people they shall not 
be oprest by the Govern', and thereby incourage them to goe to 
Carolina to take our land and pay us the rent for it is not our 
intentions to make profit by the Governm*. our selves or to suffer 
any Officers under us to oppress y people by extravagant fees and 
grow rich by the ruin of y'' people. 
Wee rest, 

Yo"" affectionate friends. 

Craven, Palatine, 

Ashley, 

Carteret. 

P. Colleton, 

John Archdale, for 
Thos. Arcudale, 

Tnos. Amy. 
To Setii Sothell, Esq. 

U^pon ditiagreement between Gov. Ludwell & the As^emhhj, about 
Act of indemnity & pardon in Sept. 1692, the following 
representation of grievances was prepared by the Assembly. 
Afterwards the 1 4th section, was added in Sept., 1693; <£; the 
whole sent to the Gov. & Deputies. 

May it Please your Honors, 

Wee againe presume to beg your PEon". to represent our 
grievances to their Lordshipps, ihe want of which we conceive 
hath been the occasion of their continuance and increase. 

1st. That the U*. Hon", the Lords prop", have not all agreed 
to the same forme for conveyancing of Land, and the latest forme 
agreed to by some of them not satisfactory to the people. 
37 2C 



■i3-i EARI.Y HISTORY OF SOUTH CAROLINA. 

2nd. That the Lords Receiver of Rents hath not been Com- 
missioned by them all, nor any agreement of tlieir whole nnmber, 
Come yett to onr knowledge to authorize any less nnmber to 
Commission a receiver. 

3d. That the office of Slieriffe & Judge of the Court of Pleas 
are lodged in one & the same person. 

4th. That although the power of erecting Courts be in their 
Lordshipps, yett courts ought to be bounded and regulated by 
laws made by the assent of the people. 

5th. That Public Officers taking much greater fees than are 
allowed by act of Parliament in England for the same & like 
things, and before the same be settled by act of Assembly here. 

Gth. That the Representatives or delegates of the People are 
too few in Assembly, & that the People doe not appoint the 
number of their delegates according to the King's most gracious 
Charter. 

7th. That their Lordshipps hold two Pallatine Courts, and that 
the one makes void what the other enact.s, as of late severall acts 
of the Assembly have been repealed by one, which have been rati- 
fied by the other, & that before they became voyd by limitation 
in themselves, & that their Lordshipps Deputies are not fully 
enough empowered to give their assent with the people, to enact 
such laws & for such time as the want of which may hazard the 
loss of their county. 

8th. That the Pallatine Courts here doe assume to put in force 
such English Laws as they Judge are adapted to this Province, 
which we eon-ceive are all soe by their own force, or not to be 
made soe but by act of Assembly. 

9tli That Inferior Courts taking upon themselves to try, 
adjude & determine the power of Assemblys, or the validity of 
acts made by them, or of such matters and things as are acted by, 
or relating to the House of Commons, all which (we humbly con- 
ceive,) is only inquireable into and determinable by the next 
Succeeding General Assembly. 

10th. The Setting up of martial law (except in cases of Rebel- 
lion, Tumult, Sedition or Invasion,) we Conceive is not warranted by 
the King's Charter. 

11th. The taking of bonds or writings obligatory, without or 
not according to Law. 

12th. The want of a competent number of Commoners to 
represent them in Councill. 

13th. The refiisial of an Act of Indemnity and confirmation of 
Judicial proceedings in the late Government, and denyall to stopp 
proceedings concerning the same, till their Lordshipps pleasure, 
be known about the same, notwithstanding their Lordshipps 
Deputies have thought fitt to represent the same. 

14th. That their Lordshipps have forbidden their Deputies to 
putt in execution any laws relating to Courts of Judicature, or 



APPENDIX. 435 

altering; of the formes of lu'cccedings therein, or any other matter 
relating to Judicature, magistrates, Judges, Sherilfs, or any other 
officers, or relating to Juries or Elections of Representatives for 
the General Assembly ; or relating to the fees taken or belonging 
to any officer or officers constituted or appointed hj them lieforc 
such time as their Lordshipps Consente thereunto signified from 
England, which, at soonest, wc cannot expect in less time than 
one year, sometimes two, and before that tim.e, the occasion and 
reason of their being made may cease, & the exactions & oppres- 
sions of Public officers may have left us nothing worth making 
law for; and where Laws relating to such matters arc not made, 
Justice between man & man cannot be expected, And we humbly 
conceive that the Patent of Carolina doth not give any such powers 
to their Lordshipps, nor intend that people soe long time lived 
under the Grievances and mischief of the want of such necessary 
laws, which by all wise people Urst and before all others are pro- 
vided for. 

Jonathan Amory, Speaker. 

Nov. 8, 1692. 
Whereas by the twenty-seventh & twenty-eight articles of our 
Instructions to you, Co". Phillipp Ludwell, our Governor of our 
Province of Carolina, bearing date the Eighth day of November, 
one thousand six hundred and ninety-one, we have given power 
and authority to the said Co". Phillipp Ludwell, by and with the 
.advice and consent of our Deputies, Landgraves and Casiqucs, 
and delegates of the freeman or major part of them, to make, 
ordaine, and enact such Laws as should be thought necessary for 
the better government of our Province, but to be ratiQcd by the 
s'. Phillipp Ludwell, and three or more of our Deputies, under 
their hands and seals, before such acts be published or allowed to 
be laws, which Laws should continue in force for two years, and 
no longer, unless within that time they were ratified and confirmed 
under the hands and seals of the Pallatines, and three or more of 
the Lords Prop", themselves, and by their order published in the 
General Assembly, and should cease to be laws whenever (before 
they were ratified and confirmed by the Pallatine, and three or 
more of the Lords Proprietors should under their hands and seals 
signify their dissent to them — which power and authority for 
passing of Laws, as aforesaid, we doe hereby repeale, and make 
void as to all matters relating to the Courts of Judicature in 
Carolina, or alteration of the forms of proceedings from what was 
practiced during the Governments of Landgrave James Colleton 
and Landgrave Joseph Morton, or any other matters relating to 
Judicature, Magistrates, Judges, Sheriffs, or other officers, or 
relating to Jurys or Election of Representatives for the General 
Assembly, or relating to the fees taken or belonging to any officer 
or officers constituted or appointed by us, all which being matters 



436 EARLY HISTORY OF SOUTH CAROLINA. 

which will admit of delay without exposing the safty of the 
inhabitants of our Province to any foreign enemy, or attempt 
of the Indians. We will and ordaine that Ijills relating to the 
above mentioned matters and consented to by you, our Governor, 
or the Governor for the time being, & three or more of our Depu- 
ties shall be transmitted to us to be considered of, and not pub- 
lished or put in execution as Laws, until they be consented to & 
llatified and confirmed under the hands and seals of the Palatine 
and three or more of the Lords Proj)'"., and by their order 
Published as a law in Carolina, but in all other matters the said 
power for passing and enacting Laws is to continue as is 
appoynted by our said Instructions to Co". Phillipp Ludwell, 
our Governor of the Province of Carolina, bearnig date the 
Eighth day of November, one thousand six hundred & ninety 
and one. Given under our hands & seals the Seaventh of April, 
1G93. 

Craven, Pall., [l s. 

P. Colleton, [l.s. 

Jno. Arciidale, [l.s. 
for Tiios. Arciidale, [l.s. 

Thomas Amy, [i^-s.] 

A. Ashley, [J'-^-. 

Recorded in the Secretary's ofBce this 14 day of September, 
1693. 

P"". Jn". Hamilton, Dep. Sec'y. 



London, this 10*^ April, 1693. 
We have seen an act past in Carolina, entitled an act to pro- 
vide Indifferent Jurymen in all causes, Civill and Criminal, which 
act requiring the Sheriff of each County to divide all the persons 
of each County into twelve, and them write in paper, and two 
papers of twelve names each to be drawn, and the persons whose 
names are therein contained to be summoned to serve as Jurymen 
the next Court after such draught, and then one of the s''. papers 
drawne againe, and the persons whose names are written in the 
))aper thus last drawne, to be the Jury for tryall of causes, we 
judge to be very unreasonable, and many ways dangerous and 
tending to the lending [leaving] the most enormous crimes 
unpunisht, especially Pyracy, for it will thereby be in the power 
of the Sheriff so to divide the twelve for each paper, that there 
shall be in every paper some notorious favorers of Pyrates, who 
coming prepared for it may be able to constraine the rest of the 
Jury to consent to what verdict they please, which being contrary 
to their majesties service, and dangerous to the peace, perhaps of 
England itself, and the said act being in other things very dan- 
gerous to the Inhabitants of our Province, and contrary to the 
Laws of England, as it is declared in the bill of rights passed in 



APPENDIX. 437 

their present Majesties reigne, we have thought fit to dissent to, 
& thereby made the same null and void, and do require you not 
to put the same into execution as a Law in Carolina, and that 
you doe forthwith, upon receipt hereof, give notice of our 
dissent to the said act to the respective Sherifi"s of the Counties 
there, and that the said Law is hereby vacated and cease to be a 
law, and that they are not to put the said act in execution as a 
Law any longer. We have also seen another act. Entitled an 
act to regulate Elections of Members of the General Assembly ; 
which act enabling all persons that [lake] oath that they are 
worth tenn pounds, to give their vote for members of General 
Assembly, and all the members of the Assembly for the present 
being chosen for the Counties, we are of opinion they ought all to 
be freeholders that elect, and those act, not mentioning how long- 
any person worth tenn pounds must have been an Inhabitant of 
the County before he be admitted to vote for members of the 
Assembly, it is so loose that by this Act all the Pyrates 
that were in the Shipp that had been plundering in tlic Red 
Sea had been qualified to vote for Representatives in Carolina, 
Avhich being of dangerous consequence to the Inhabitants, 
■we have thought fitt to dissent to that act alsoe, but have cheer- 
fully passed, and under hands and seals ratified and confirmed 
the act Intitled an act for the better observation of the Lord's 
day, commonly called Sunday, and are well pleased with all those 
that voted for itt, and we hope that you will take great care the 
said act be strictly putt in execution. We have also Ratified and 
confirmed the act entitled an act to prevent swine gooing at large 
in or about Charlestowne, and to prevent nuisances, and shall be 
always ready to consent to any other act that we are convinced is 
for the good or convenience of the Inhabitants of our province. 
We have thought fit to send you additional Instructions about 
passing Laws in Carolina, which you are to observe, and wee doe 
require that you ratify no Law that dirainisheth or altereth any of 
the Powers granted to us in our Charter from the Crownc ; but 
when any such bill is past in the General Assembly and Consented 
to by yourselves, you are to send the same to us for our approba- 
tion and consent before you ratify the same, our intent & meaning 
that nothing of that nature should be putt in execution, as a law 
in Carolina, untill we ourselves have consented to it. The French 
have Complained to us, that they arc threatened to have their 
Estates taken from their children after their death, because they 
are aliens. Now many of them may have bought the lands they 
enjoy of us, and if their Estates are forfeited they escheat to 
us, and God forbid that we should [take] the advantage of the 
forfeiture, nor doe so we intend, and therefore have sent our de- 
claration, under our hands and seals, to that purpose, which we 
will shall be registered in the Secretary's and Registers Office, 
that it may remaine upon record in Carolina, and be obligeing to 



438 EARLY HISTORY OF SOUTH CAROLINA 

our heirs, Successors aud assigns. They also complain that they 
are required to begin their Divine worshipp at the same time the 
English doe, which is inconvenient to them in regard to severall 
of their congregations living out of tlie Towne are forced to come 
and goe by water, & for the conveniency of such, they begin their 
Divine Worship earlier or later, as the tide serves, in which we 
would not have them molested. They Complain, alsoe, that they 
are told the mearriages made by their ministers is not lawful), 
because they are not ordained by some bishop, and that their 
children begotteu in such marriages are bastards. We have power 
by our Patent to grant liberty of Conscience in Carolina, and it 
is granted by an act of Parliament here, and persons are married 
here in the Dutch & French Churches by ministers that were never 
ordained, and yett we have not heard that the children begotten 
in such marriages are reputed unlawful or bastards, and this seems 
to us opposite to that liberty of conscience their magcsties have 
consented to here, And wc, pursuant to the power Granted to 
us, have Granted in Carolina. Wee desire these things may be 
removed, and that their Complaints of all kinds be heard with 
favour, and that they have equal Justice with Englishmen, and 
enjoy the same privileges ; it being for their magesties Service to 
have as many of them as vre can in Carolina, Wee would iiave 
them receive all manner of Just encouragement whatsoever. And 
we would have you send for the Chief of them and give them 
assurance of itt. Wee finde that M''. Joshua Ilobson, Deputy to 
M'". Grimball in the Secretary's Office, did suffer for the refusing 
to submit to the usurped authority of M''. Sothel), wherefore we 
are willing that he should be encouraged, and would not have him 
hindered from pleasing the Pro])'*. [Proprietors] there as well as 
assisting him as Deputy in the Secretary's Office. The which we 
doe in favor to the said Joshua Hobson, as well as to ease our 
Secretary, who being to send us constant copies of all that passeth 
in the Councill and Parliament there, for which he hath no fees, 
v/e would not have his charge augmented by forcing him to allow 
M''. Hobson a greater salary to incourage him to continue his 
Deput}^ and this we would have done, unless }^n can give us some 
very substantial reasons to the contrary. We observe in the act 
about the fines of those Jurymen tliat do not appear are appointed 
to be paid to the Treasurer, & to be disposed of as the General 
Assembly shall direct. We do not find one precedent that the 
Parliament of England have ever reserved any money out of either 
Taxes or forfeitures to be disposed of by themselves, and by our 
Grant from the Crowne, the Laws of Carolina are to be as near 
as may be agreeable to the Laws of England ; Wherefore we desire 
you to be cautious how you pass any such laws for the future, for 
we shall Consider very well before we pass any such. All public 
money in Caroli)ia must be disposed of by our consent or order. 
And wc alsoe desire that in all acts or other public writeings, you 



APPENDIX. 



439 



give us tlie same stile [style] that is given us by the Crowne in 
our Patent of the true & absolute Lords, which title gives us no 
more power than the Patent itself doth, nor doe we claim any 
more thereby. We have thought titt to appoynt M''. Tho'. Smith 
to be Sheriffe or Chief Judge of Berkley County, by which employ- 
ment we do not understand that he is incapacitated to serve as 
Deputy, but may continue in that Station alsoe. 

We comit you to the Protection of Almighty God, & Rest 
Your very affectionate friends, 

Craven, Pall. [l. s.] 
A. Ashley, [l. s.] 
P. Colleton, [l. s.] 
Thomas Amy, [l. s.] 
To the Governor & our Deputies at Ashley P»,iver in Carolina. 

Att A General Assembly mett at the House of Mr. Francis 
Twiddling at Charlestowne, on the 30th day of January, 1696. 

William, Earle of Craven, Pallatine, and the rest of the true and 
absolute Lords Proprietors of the Province of Carolina: 

To Robert Gibbs, High Sheriff of Berkley County, Greeting : 
Whereas by our Proclamation on the 29th day of November, 
inst., made and published for reasons therein expressed, we have 
thought fitt to dissolve the late General Assembly, and notwith- 
standing all our designs and endeavours to settle this Province in 
Peace and tranquilitj', have by the obstinate majority of the House 
of Commons been frustrated, and willing as far as in ns lyes, to 
gratify and comply with the recpiest of some, but the more modest 
and reasonaljle of the members of the House of Commons, and 
other well meaning inhabitants of this Province by their address 
for that end to us signified. We, therefore, hereby, dispensing 
wdth our Power to us Granted by our Charter and former Prece- 
dents, Command you to Summon all the King's Leidge subjects, 
the freemen Inhal)itants of Bcrkly County to be and appear 
together with all the rest of the freemen as aforesaid of this part 
of our Province, at Charlestowne, on 19th day of December next, 
then and there by a majority of their voices to agree to and ascer- 
taine the number of their Representatives for this part of the Pro- 
vince, to consult and advise with us about making such laws, as 
shall be necessary for the safety and defence of this Province, 
whence as often as wee shall see occasion to call them theirs. 
Witness John Archdale, Esq., our Governor, Admirall and Capt. 
General of our said Province, and the rest of our Deputies at 
Charlestowne, this 30th day .of November, 1695. 

John Archdale, 
Joseph Blake, 
Paull Grimball, 
Wm. Hawett, SxErHEN Bull, 

Stephen Bull James Moore. 



440 EARLY HISTORY OF SOUTH CAROLINA. 



The Humble Petition of the House of Commons. 
May it Please Your Honors : 

The Rt. Honble. the Lords and absolute Proprietors of thi3 
Province not requiring from the people any rent till the year 1690, 
gave the first settlers of this Place such encouragement that they 
laboured under a Continental watch and Guard to defend it and 
themselves from the attempts of the Spanyards, and state that 
they were so much employed therein, that for many years they 
could not make sufficient Provisions for themselves, but suffered 
the want of Bread, and went through many difficulties, even to the 
dispair of their lives, at last, it Pleased God, by his divine Good- 
ness, Soe to bless the endeavours of the People of this Settlement, 
that they not only made their own .Provisions, but in Some 
measure, supplied their neighbours, by which means the fame of 
this i)lace, beyond the Seas, encouraged many People in Europe 
and other Parts to come hither and settle, and they did readily 
and willingly take the Conveyance for lands that was then granted, 
and cheerfully joyncd hand in hand with their neighbours in set- 
tling and defending this Place to the Great Honor of the Lords 
Prop" and the joy and strenghthening of the first Qomers in soe 
much, that doubted not but all difficulties Avere over, and that 
every one should sitt down under his own vine in Peace. But 
those Halcyon days did not continue long, their Lordships were 
Pleased in the year one thousand six hundred and eighty-two to 
alter the first Grant and order a new conveyance for Lands to the 
great dislike of the People, which occasioned some old settlers 
and may new comers to leave this Settlement, and some that 
stayed spent their substance wayting in expectation when tho 
said Grievance would be removed, others that were compelled to 
Settle in the woods, were descouraged to plant and improve their 
Plantations, for want of complete titles to their Lands. Their 
Lordships also left the Government of this Settlement uncertaine, 
and were pleased frequently to alter the same, those mutations 
happening on the neck of another occasioned beart-burnings and 
discontents amongst the inhabitants, and kept many in doubt 
Avhether they would settle here or not, which not only kept them 
from improving, but occasioned the wastings of their Estates, and 
so impoverished this settlement, That if your Honors make the 
people pay their arrears of their rent, it will endanger the ruin of 
the greatest part of the Planters, and force them to suffer their 
lands to revert to their Lordshipps, all which we make known and 
lay before your Honours. And further add, since now the con- 
siderable trade of Charlestowne hath gained it the reputation of a 
wealthy place, (which we are credibly informed and have reason 
to believe) hath encouraged several i)irates to attempt the plun- 
dering and burning of the same, which cannot be prevented but 
by fortifyingitt, which is now under our consideration, but cannot be 



APPENDIX. 441 

done without very great charge to the inhabitants of this their 
Collony, which, notwithstanding l)eing sensible of the necessity 
thereof, we are willing to accomplish, therefore we humbly beg 
your Honors, that for the reasons aforesaid, your Honors will be 
, pleased to forgive the arrears of rent to the Inhabitants of this 
part of their province, it will the better encouAge and enable us 
to undertake the Great but necessary charge of fortifying Charles- 
ton, the only place of trade and strength in the whole Province, 
& which being lost will necessarily unsettle & ruine this now 
thriving Colony, & will oblige us to provide for the certaine pay- 
ment of their rents hereafter, & make the collection thereof veiy 
easy. 



The Humble address and remonstrance of the mcmlers of the 
House of Covimons of the Soidh West part of this Province. 

Feb. 1698-9. 

Your Ijordshipps Gracious and Condesending Powers to our 
Late Governor, John Archdale, I^sq'., to enact, with the advice 
and consent of your Deputies and General Assembly, such Laws 
as they shall think Expedient, and to alter any former Laws that 
should be thought fitt to be altered, hath by the laws made and 
altered by virtue of the said powers, been so advantageous to all 
the inhabitants of this your Collony, that wee are and ever shall 
be obliged to recognize your Lordshipps favour thereby, and doth 
further encourage us to remonstrate to your Lordshipps our pre- 
sent Grievances, and to address you for the removal of them, and 
your assents to some new Laws which your Deputies says they 
have not power to joinc with us to remove and enact. They are 
soe indifferent to your Lordshipps interest, different from the 
fatherlike care which you have shown to us, and soe agreeable to 
your Lordshipps Royall Powers and Prerogatives, Granted to you 
by your Charter, and not disagTecable to the Laws of the King- 
dome of England, but soe generally conduceing to the welfare, 
Peace and Prosperity of the Inhal)itants of this your Collony, 
That wee will not doubt of your Lordshipps Complyance with 
those little things compared to those many and Grand favours you 
have done us. Its true some of them are of that nature, that we 
know that your Lordshii)ps cannot doe them yourselves, & that 
your Lordshipps Interest with his most gracious magesties is 
great enough to secure them for us. 

1st. That the Governor & your Lordshipps Deputies have not 
with the advice & consent of the General Assembly, that power to 
repeale such Laws (if thought expedient,) confirmed by your 
Lordshipps, & alsoe are so limited by instructions, that they want 
such power as is necessary for the better Government of this your 
Lordshipps Collony. 



442 EAELY HISTORY OF SOUTH CAROLINA. 

2nd. Tliat the Government pretends to putt in practice & force 
an act, entitled an act for the restraining of Privateers & Pirates, 
dated the day of which was never made according; to 

any of your Lordsliipps instructions, Rules of Government & Con- 
stitutions, nor with the consent of the major part of the Delegates 
of the people, antlt which also wants a confirmation, under hand & 
seal in open Assembly. 

3rd. That the high Sheriff is continued in oC&ce longer than one 
year. 

4th. The office of high sheriff <& Judges of the Court of Pleas 
is conferred upon one & the same person. 

5th. That there is not an exemplified copy in this Government 
of the King's most Gracious Charter. 

6th. That such great Tracts of land are taken up & yett per-' 
mitted to be taken up in one entire piece to the great prejudice 
of this your Lordshipps CoUony & the inhabitants thereof. 

Tth. Wee therefore request your Lordshipps, that for the future 
that no greater cpiantities than one thousand acres of Land may 
be taken up in one entire piece, which will much strengthen this 
Settlement. 

8th. That your Lordshipps would also condescend & Grant for 
the further encouragement of the Inhabitants of this your Collony, 
the freedom of your Loyalty of whale fishing for one & twenty 
years. 

9th. And with humble submission to your Lordshipps we fur- 
ther request that your Lordshipps would condescend to give and 
order us the liberty of coyning here, which power & Royalty we 
have great reason, tho, not particularly expressed, to believe His 
late Majestic in his Letters patent hath granted to your Lord- 
shipps. 

10th. That your Lordshipps would interceed Avith his most 
Gracious Majesty for the taking of duty off Rice, tur])entine, 
pitch & tar imported from this Province, & such further en^ 
couragement for the importation thereof, as your Lordshipps 
shall think requisite & necessary for the advancement of this your 
Collony. 

11th. And also that your Lordshipps would procure some 
Zant & other late ripe Grapes, both plants and seeds, with Capers, 
French Prunellas, Smirna Carrans, & the severall sorts of rice, all 
v/hich wo are in great hopes may be produced here. 

12th. That your Lordshipps would procure & send us, by the 
first opportunity, a modell of a Rice mill. 

All which we refer to your L'dshipp's consideration, and doubt- 
ing not Imt your Lordshipp's will redress our grievances & all 
things that lies in your L'dshipp's power for the advancement of 
this your Collony, & us the Inhabitants thereof, with great assur- 
ance. TVe believe you will use your utmost power to procure. 



APPENDIX. 443 

S. P. Proprieties, B. T., Yol. 3, p. 111. 
E. Randolph to the Lords of Trade, 16 March, 1698-9. 

May it please y. Lordships, 

After a dangerous voyage at Sea, I landed at Charles Town, in 
the Province of So. Carolina, & soon after my arrival, I adminis- 
tered the Oath to M'. Jos. Blake, one of the Proprietors & 
Governor of this Province. But he is not allowed of by his Ma*>'. 
Order in Council to be Gov., the Act of Pari', for preventing 
frauds being not taken notice of by the Proprietors. 

There are but few settled Inhabitants in this Province, the 
Lords have taken up vast tracts of lands for their own use, as in 
Colleton County & other places, where the land is most com- 
modious for settlement, which prevents peopling the place, & 
makes them less capable to preserve themselves. As to their 
civil Govern'., 'tis difterent from what I have met with in the 
other Proprieties. Their Militia is not above 1500 Soldiers 
White men, but have thro' the Province generally 4 Negroes to 1 
White man, & not above 1100 families, English & French. 

Their Chief Town is Charles Town, and the seat of Gov*, in 
this Province, where the Governor, Council & Triennial Parliam*. 
set, & their Courts are holden, being above a league distance from 
the entrance to their harbour mouth, w'=''. is barred, & not above 
17 foot water at the highest tide, but very difficult to come in. 
The Harbour is called by the Spaniards, St. George ; it lyes 15 
leagues to the Northward of St. Augustine, belonging to the 
Spaniards. It is generally laid down in our English maps to be 
2 deg., 45 min., within the southern bounds of this Province. . In 
th» year 1686, one hundred Spaniards, w'" Negroes & Indians, 
landed at Edistoe, (50 miles to the. southward of Cliarles Town,) 
& broak open the house of M"". Joseph Moreton, then Governor 
of the Province, & carried away M'". Bowell, his Brolher-in.law, 
prisoner, who was found murdered 2 or 3 days after ; they carried 
away all his money & plate, & 13 slaves, to the value of £1500 
sterling, & their plunder to St. Augustine. Two of the Slaves 
made their escape from thence, & returned to their master. Some 
time after. Gov. Moreton sent to demand his slaves, but the Gov. 
of St. Augustine answered it was done without his orders, but to 
this day keeps them, & says he can't deliver them up w"'out au 
ord''. from the King of Spain. About the same time they robbed 
Mr. Griraball's House, the Sec. of the Province, whilst he 
attended the Council' at Charles Town, & carried away to the 
value of above £1500 sterl"-'. They also fell upon a settlement of 
Scotchmen at Port Royal, where there was not above 25 men iu 
health to oppose them. The Spaniards burnt down their houses, 
destroyed & carried away all that they had, because (as the 



444 EARLY HISTORY OF SOUTH CAROLINA. 

Span''^ pretended) they were settled upon their land, and had 
they at any time a superior force, they would also destroy this 
Town built upon Ashley & Cooper Rivers. This whole Bay was 
called formerly St. George's, which they likewise lay claim to. 
The Inhabitants complained of the wrong done them by the 
Spaniards to the Lords Proprietors, & humbly prayed them (as 
I have been truly informed) to represent it to His Ma''., but they 
not hearing from the Lord Prop"., fitted out two vessels with 
400 stout men, well armed, & resolved to take St. Augustine. 
But Jas. Colleton came in that time from Barbadoes with a Com- 
mission to be Gov^, & threatn'd to hang them if they proceeded, 
whereupon they went on shore very unwillingly. The Spaniards 
hearing the English were coming upon them for the damages, 
they left their Town & Castle, & fled into the woods to 
secure themselves. The truth "fe; as I have been credibly 
informed, there was a design on foot to carry on a Trade with 
the Spaniards. 

I find tlie Inhabitants greatly alarmed upon the news that the 
French continue their resolution to make a settling at Messasipi 
River, from [whence] they may come over land to the head of Ashley 
River w"'out opposition, 'tis not yet known what care the Lord's 
Prop'' intend to take for their preservation. Some ingenious 
gentleman of this Province (not of the Council) have lately told 
me the Deputies have talked of mak" an Address to the Lords 
Prop" for relief, But 'tis apparent that all the time of this French 
War they never sent them one barrel of powder or a pound of 
lead to help them. They conclude they have no reason to depend 
upon them for assistance, & are resolved to forsake this Country 
betimes, if they find the French are settled at Mcschasipi, or if 
upon the death of the King of Spain these Countries fall into the 
hands of the French, as inevitably they will (if not timely pre- 
vented), and return with their families to England or some other 
place where they may find safety & protection. It was one of the 
first questions asked me by several of the Chief men at my arrival, 
whether His Ma*'', had not sent over some soldiers to preserve 
them from the French, saying they might all live in this plentiful 
Country if His Ma*'', will please to allow them half pay for 2 or 3 
years at farthest, that afterwards they will maintain themselves & 
families (if they have any) in making Pitch and Tar & planting of 
Indian Corn, His Majesty will thereby have so many men seasoned 
to the Country ready for service upon all occasions, five such men 
will do more service by sea or land than 20 new rais'* men from 
home, they may be brought hither in the Yirginia oiitward bound 
Ships, 100 or 150 men in a year, till they are made up 1000, it 
will save the charge of transporting so many another time 2 or 
3000 leagues at sea. I heard one of the Council (a great Indian 
Trader, & has been GOO miles up in the Country west from 
Charles Town) discourse that the only way to discover the Mes- 



APPENDIX. 445 

chasipi is from this Province by land. He is willing to undertake 
it if His Ma'5'. will please to pay the charge w^*" will not be above 
£400 or £500 at most ; he intends to take with him 50 white 
men of this Province and 100 Indians, who live 2 days journey 
east from the Meschasipi, and questions not but in 5 or 6 months 
time after he has His Ma'^'* commands & instructions to find out 
y mouth of it and the true latitude thereof. 

The great improvement made in this Province is wholly owing 
to the industry & labour of the Inhabitants. They have applied 
themselves to make such commodities as might increase the 
revenue of the Crown, as Cotton, Wool, Ginger, Indigo, &"=. 
But finding them not to answer the end they are set upon making 
Pitch, Tar & Turpentine, and planting rice, & can send over 
great quantityes yearly, if they had encouragement from England 
to make it, having about 50,000 Slaves to be employed in that 
service, upon occasion, but they have lost most of their vessels, 
which were but small, last war by the French, & some lately by 
the Spaniards, so that they are not able to send those Commodi- 
ties to England for a market, neither are sailors here to be had to 
man their vessels. 

I humbly ^iropose that if His Ma*^. will for a time suspend the 
Duties upon Commodities, and that upon rice also, it will encour- 
age the Planter to fall vigilantly upon making Pitch & Tar, &'=., 
w'='' the Lords Prop'*, ought to make their principal care to obtain 
from His Ma"', being the only way to draw people to settle in 
their Province, a place of greatest encouragement to y° English 
Navy in these parts of y" world. Charles Town Bay is the safest 
port for all Vessels coming thro' the gulf of Florida in distress, 
l30und from the West Indies to the Northern Plantations; if they 
miss this place they may perish at sea for want of relief, and 
having beat upon the coast of New England, New York, or Vir- 
ginia by a North West Wind in the Winter, be forced to go to 
Barbadoes if they miss this Bay, where no wind will damage them 
and all things to be had necessary to refitt them. My Lords, I 
did formerly present Your Lordships with proposals for supplying 
England with Pitch & Tar, Masts & all o'' Naval Stores from 
New England. I observed when I were at York in Sept"", last, 
abundance of Tar bro*. down Hudson's River to be sold at New 
York, as also Turpentine & Tar in great quantities from the 
Colony of Connecticut, I was told if they had encouragement 
they could load several Ships yearly, for England. But since 
my arrival here I find I am come into the only place for such 
commodities upon the Continent of America; some persons 
have offered to deliver in Charlestown Bay upon their own 
account 1000 Barrels of Pitch and as much Tar, others greater 
quantities provided they were paid for it in Charles Town in 
Lyon Dollars passing here at 5'. p^ piece, Tar at S\ p"". Barrel, 
and very good Pitch at 12^ p"". Barrel, & much cheaper if it once 

38 



446 EARLY HISTORY OF SOUTH ClROLIXA. 

became a Trade. The season for making tho^c Coramodities in 
this Province being 6 mo^ longer than in Virginia and more 
Northern Plantations ; a planter can make more tar in any one 
year here with 50 slaves than they can do with double the number 
in those places, their slaves, here living at very easy rates and with 
few clothes. 

The inclosed I received from M. Girard, a French Protestant 
living in Carolina. I find them very industrious & good hus- 
bands, but are discouraged because some of them having been 
many years Inhabitants in this Province, are denied the benefit of 
])eiug Owners & Masters of Vessels, which other tlie Subjects of 
His Majesty's Plantations enjoy, besides many of them are made 
Denizons. If this Place were duly encouraged, it would be the 
most useful to the Crown of all the Plantations upon the continent 
of America. I herewith enclose to Your Lordships a Draft of the 
Town and Castle of St. Augustine, with a short description of it 
by a Gentleman who has been often there. It's done exactly true, 
more for service than for show. The Spaniards now, the French, 
if ever they get it, will prove dangerous neighbours to this Province, 
a thing not considered nor provided against by the Lords Pro- 
prietors. I am going from hence to Bermuda, witli His Ma*-^ 
Commissioners, to administer the Oath to the Gov. of that Island, 
with a Commission for the Judge and other Officers of the Court 
of Admiralty erected there, from whence I believe it necessary to 
hasten to the Bahamas Islands, where a Brigantine belonging to 
New England was carried in as a wreck. The Master & Sailors 
being pursued by some persons who had commission from Gov. 
Webb, believing they were chased by Spaniards, forsook their 
Vessel & went on shore among the Natives to save their lives. 

All which is humbly submitted by 
Your Lordship's 

Most humble Servant, 

Ed. Randolph. 



The want of a small Vessel to support the loss of the Frigate, 
which was appointed by the Lords Commiss". of the Admiralty to 
transplant me from one Plantation to another, makes me stay a 
great while at one place for a passage to another, which is uncer- 
tain, difficult & dangerous. 

I have by the extreme. of cold last Winter in Maryland and 
Pennsylvania, & by my tedious passage in the Winter time from 
New York to this place, got a great numbness in my right leg & 
foot. I am in hopes this warm climate will restore me to my 
health. I have formerly wrote to your Board & the Commiss'■^ 
of H. M. Customs, the necessity of having a Vessel to transport 
me from one Plantation to another. 

I humbly pray Your Lordsliips favour to direct that the little 



APPENDIX. 4:4:7 

residence I am to make in these parts of the Workl, may be in 
this Province, & that a Vessel well manned may be sent me hither, 
■which may answer all occasion, my intentions beinj^ not to lye idle, 
for when the Hnrricane times come in these parts of the World, I 
can go securely to Virginia, Maryland & Pensylvania & New 
England, without fear of being driven from those Plantations by 
North West Winds, & when they come I can pass from one 
Plantation to another without difBculty 



S. P. 0. N". Carolina, B T. Vol. 3. p. 111. 
From CharlcH Town in South Carolina. 

14 March, 1G98-9. 

People. 

The Number and quantity of the French Protestants, 

Refugees of the French Church of Charles Town, is . 195 
The quantity of the French Protestants of the French 

Church of Goes Creek, is . . . . . . 31 

The quantity of the French Protestants of y Eastern 

branch of Cooper River, is . . . . . ,101 
The number and quantity of the French Protestants of the 

French Church of San tee River, is . . . . Ill 



Total of the French Protestants to this day in Carolina, 438 

I may undertake myself to procure every year, at the end of the 
bridge of Charles Town, fifteen hundred barrels of good tar, at 8\ 
per barrel. 

Fifty thousand weight of pine gum, at 10'. p''. cwt., and a parcel 
of Cyprus masts for the second and third rate of the English Mau 
of War. 

Per me 

Peter Girard. 



S. P. 0. Proprieties. B. T., Vol. 3, c. 19. 
Ed. Handolphe to the Earl of Bridcjewater. 22 3Iarch, 1698-9. 

Charles Town in South Carolina, March 22'', 1698-9. 

May it please Yo^ Lop., 

About the lO"' of January past, one Cutler came from Loiidon 
hither with his Wife, he gave out that he had a Commission from 
his Majesty to search for Mines in this Province, his Wife has 
brought over with her a stock and keeps a Miliner Sliop iu tliis 



448 EARLY HISTORY OF SOUTH CAROLINA. 

Town, he expects one Green to follow him, equally concerned with 
him (as he says,) in the search for mines, but neither he nor Green 
have been formerly in this Province. I hear from an intimate 
freind of Cutler's, that his dependance is wholy upon one Edward 
Loughton, (whose wives Sister Cutler married in London,) And 
one David Maybanck (another relation by Marriage,; to assist him, 
they have no knowledge of mines, further then wliat they have 
heard Indian Traders who live in the Savanorc Town discourse, 
"that there are Mines about that place, as 'tis comonly said there 
are in other places in the Province ; that which is talked of is 30 
or 40 miles down the Savanore River, taken up when the River is 
dry, good for little or nothing. 

Loughton and Maybanks are both house Carpenters and have 
lived about 16 years in this Town, they were in London not long 
agoe, 'tis probable they might infuse notions of Mines into Cutler 
& Green. That they knew where there were mines, and easily to 
be found if they could get a Cohiission from His Majesty to searchf 
and some persons of quality to countenance them and money to 
bear their charges ; They returned about 5 years after. Now 
w^hether they are joyned with Cutler and Green is best known to 
your Lordship. 

Cutler talks of going to the Savanore Town, about 120 miles 
from hence, with Loughton & Maybanks, to speak with the Indian 
Traders, he premises great matters to those who inform him of 
Mines. He has lately discoursed that your Lordship, the Earl of 
Pembrook & M"". Blathwayt, are principally concerned. That 
your Lordships have got them a Commission to pay their passage 
& travelling charges. 
My Lord, 

I did enquire of a Gent. living in this Country, what profit has 
arisen to his Majesty by the 4'" part of the Gold & Silver Mines 
in this Province, or whether they have given encouragement to 
any persons to discover them and work them. I hear of none. 

Some time after, upon a Report that I was going to England, 
he sent me a letter, a Copy whereof I humbly inclose to your 
Lord"*., w^^. I intended to shew to the Chancellor of the Exclieq"". 
if I went home, or to transmit it to his Lords?, by the next shipp- 
ing. But since I find that your Lori-., the Earl of Pembroke, to 
whom I have the honour to be known, and M"". Blathwayt, are all 
engaged in the same design to promote the lasting benefit of His 
Majesty and his Kingdomes, I do therefore humbly inclose a 
Cojiy thereof to M''. Blathwayt, in case any should miscarry, how 
far your Lord'', now will please to communicate this to the Chan- 
cellor of the Excheq\, I humbly submit to your Lordship. 

M^ James Moore (who sent me y letter,) is a Gentleman of a 
good Estate in this Country, he is Sec. of the Province and a 
Deputy to S'. John Colleton, one of the Lords Prop". He told 
me when we first discourst about Mines, That if he were impowered 



APPENDIX. 449 

by His Majesty and had good encouragement for himself and his 
friend, he would forthwith, upon receipt thereof, take with him 50 
White men and 100 of the Chirakues Indians to be his Guard. 
That he had a Negro Smith. He desired me to be sccuredagainst 
the Lords Proprietors claime ; to have all matters so accomodated 
that they might not seize upon the produce of his own cost & 
labour bestowed upon his Maj'^ 4"* Part, Whereas their Lord- 
ships have f "". to set men to work upon for themselves ; That he 
can employ his Estate & Slaves to greater proffit. As to his own 
share which may arisp to him from the Mines, he wholly submits 
that to his Majesty and to your Lordships, considering he is at all 
the charge of the discovering and opening them. 

My Lord, As this is a matter of great import to the Crown if it 
succeed, so if it be not itwillproove an utter ruin to M"". Moor, if 
the Lords Proprietors know that he hath neglected their Lord- 
ships and made his proposalls in the first place to your Lordships, 
he will certainly be a double looser, for besides his great charge &, 
travell to discover the Mines, The Lords Prop", will, upon the 
first notice, turn him out of the Councill, and take from him his 
office of Secref., and engage the Gov^ and Councill against him, 
to the destruction of himself & numerous family, and at last force 
him to leave the Country, as has been formerly practised upon 
men of good Estates in this Province.' 

Your Lordshipp may please for your further satisfaction of M^ 
Moor's quality to be informed of M'. W. Thornburgh, now one of 
the Lords Propriet". and his Agent in London, (but of that ten- 
derly,) as to any share to myself, 'tis his kindness to mention it. 
I have been for many years alwayes ready to serve y^ Crown, if 
your Lqp". please to command, I will attend at Whitehall I am 
very sensible it will be necessary in many respects. In the mean- 
time, I humbly pray for the recovering of my health, that I may 
have leave to make my residence in Carolina in Winter time to 
avoid the extremity of cold in Virginia, Maryland, or those other 
Northern Plantations, and that I may have another Vessell that 
draws much less water then the Swift advice boat, lost by the 
carelessness of the Commander in Virginia last Winter, with 
liberty to have an able Coaster, well acquainted with the dan- 
gerous flats and sands upon all the shoars from this place to New 
England, where his Maj". service will very often require me, the 
loss of that Vessell makes my passage tedious, dangerous and 
troublesome, I shall thereby be freed from the hurricanes in the 
extremity of hot weather in these parts of America. All W"". is 
humbly submitted by 

Ed. Randolph. 

" Communicated by his L'^p. to y* Board." 

ReC. y<= 15'\ Read 19*'' June, 1699. 

38* 2D 



450 EARLY HISTORY OF SOUTH CAROLINA. 

S. P. 0. Proprieties, B. T., Vol. 3, c. 21. 

[Capt Moore'] to M'. Tho. Cutler. 3 J_?3n7, 1699. 

Apr. 8', 1699, 
M^ Cutler, 

S^, — Itt is reported here (how truely I know not) that you are 
come hither by His Maj*'. Command, or enconragement to discover 
f.nd look for Mines of Silver, &""•., or to make essay of some already 
pretended to be discovered, and to give His Majesty a certain 
relation of the being such a thing, the place where, k its value. 

I am exceeding' glad, S'"., to know His Majesty is pleased to 
take notice of and encourage snch a worke, but fearing the unac- 
qnaintance you have with our country, hath made itt too difficult 
(If not impossable) for you to make any certain discovery of any 
such thing, or that you may go home w"'. some plansable account 
of such a thing, which, when itt comes to tryall, may be either false 
or of no value, And thereby his Majesty may be made unwilling 
to hearken to any other offers made of that nature, tho' certaine, 
I will give you an Ace', of what observations of that sort I have 
made in my travels among the Indians. In the year 1691 I made 
a journey into the Apalathia?n Mountains, in which journey I took 
up seaven pieces of oar in seaven severall places, which oar I sent 
to England, by an ingenious freind of mine, to be tryed ; he had 
itt tryed, and gave me an ace', that two of the seaven pieces 
proved very rich and one indifferent, the other four of noe valine. 
I numbered every peice of Oar, and directed my friend to keep a 
perticular ace', of the number of every peice of value, for by that 
I could have gone to the place directed I found the same in, which 
I doul)t not butt he did, and had come hither with it himselfe, If 
Death had not prevented ; however, with a little more troul^le and 
expence of time, by the help of ray Journale, I can goe to every 
Individuall ])lace I found all the severall sorts in. 

The War between the Crowns of England and France made me 
forbear to take any notice or make any discovery of this before 
this time, fearing least the report (which generally in such matters 
far exceeds the truth) of the richness of these mines, might have 
encouraged the French King from Europe, or by his American 
privatearing Subjects, to have invaded this, our little weak Collony, 
And so we, his Ma"", subjects, have been ruined and the Crowne 
Lave lost this Plantation, which I foresee will in time be the most 
usefull and prolitable of any of the American Plantations to his 
Majesty. Now by the peace between the Emperour and Turk, 
and the recovery of the King of Spain, the peace between the 
Crownes of England and France seems better conlirm'd and 
lasting, I hope the richness of these mines will encourage Ilis 
Majesty, before another War happens (which God avert), to 



APPENDIX. 451 

people this place so well, either with Souldiers or Planters, the 
last will be best and cheapest for His Majesty, That we shall 
have no occasion to fear the attempts of any Foreign power. 

I think the workeing of these Mines will be of a vast advantage 
to the Crowne of England, and the occasion of enriching and 
strengthning this His Majesties weak Plantation. 

You may make use of this Information of mine as you think fitt 
or conveinent, either for communicating of itt to the King or the 
Lords Commissioners of Trade, or to such other persons of hon"". 
and interest you think fitting to make the same known to his 
Majesty. And if his Majesty be pleased to take notice of itt, I 
desire that a man that perfectly understands the separation of the 
silver from the Oar may be sent over to me as soon as possable ; 
if the thing prove nott good, according to this my Information, I 
will pay the man's passage hither & home againe, and a reasona- 
ble Salery for the time he shall be out from home. But expect 
then he shall be wholely att my command during that time. 

If the thing prove good & well, I doubt nott butt his Majesty 
will bear all the charge, and consider me, as in such cases is 
usuall. And I shall deserve, and hop shall nott be the less re- 
warded, because I ])utt nott his Majesty to a penny charge unless 
a certaine profitt be the consequence of what I here propose. 
After I have satisfied his Majesty that what I now propose will be 
worth his notice, and he thinks fitt to concern himselfe in it, I will 
humbly propose to his Majesty, or such other persons as he shall 
think fit to entrust with the management of this matter, sora ways 
and methods for the working of the same cheape and easy. 

J. HoRTON. — Witness to the preamble, & that He will justifie 
whatever is here inserted. 



S. P. O. Proprieties. B. T., Vol. 3, c. 20. 

*' Memorial from 3I\ Tho. Cutler, ivJw is lately returned from 
" Carolina, where he has been in order to discover Silver 
" Mines there. 

"ReC. «& Read June 19^ 1699." [Indorsed.] 

To the Pvight Hon'''^ the Lords Com"., for Trade and Planta- 
tions. 

The Humble Memoriall of Tho. Cutler, Sheweth — 

That I arrived with M^ Good the 4'" December last at Charles 
Town in Carolina ; that we applyed our selves to our Friends 
there, who had suffered great loss by the late Fire, and were 
busied in rebuilding their Houses. That during the winter I 
made it my care and business to get the best ace*, and information 



452 EARLY HISTORY OF SOUTH CAROLINA. 

I could possibly procure, in order to farther proceeding in the 
Spring, when I had the good fortune to be intimately acquainted 
with one Cap'. Moore, a person of known experience, judgment, 
and great power among the Indians, whom I found to have 
a more perfect knowledge of the mines than the persons I 
relyed on, who has given me the acco*. I have to offer to your 
Lordships. [Capt. Moore to M''. Cutler.] Tho' my other two 
Friends doe not doubt but they shall be able to make good their 
report, and in order thereto they have with M^ Good procured 
an Indian Trader & an Indian Hunter to goe up the Country, 
and to set forward y^ 20*" of April on search thereof, from whom 
an acco*. may be expected by the next Ship. But I being unwil- 
ling to loose any time in a matter that might further His Ma*»^. 
service, and strengthen our own report, I thought it my duty to 
acquaint your Lordships with this worthy person, who is the best 
able of any one in the Country to make such discovery, & success- 
fully to carry it on for His Ma'^^'. service, who is willing on his 
own charge, to demonstrate the truth of what he asserts, and I 
humbly hope he may have encouragm*. from yo\ Lordships for 
the prosecution of it, or he will run a very great risque to be 
prejudiced in his own affairs in that Country by this, his proposal, 
because of the considerable post he has in that place, and depen- 
dence on y" Lords Proprietors, who may not possibly think it 
their interest to encourage such discovery, but reather to obstruct 
it. 

All which is most humbly submitted 

to Yo^ Lordship's consideration, 

by Tho. Cutler. 



S. P. 0. JoTJiiNAL. B. T., YoL. 12, p. 19L 

At a Meeting of His Ilajesfy^s Commias". for Trade and 
Plantations. 

Whitehall, Sep'. 27, 1699. 
Present. 

Sir Philip Meadows, M^ Pollexfen, 

M^ Locke, M^ Hill. 

A Letter to the Secretary from M^ John Smith, one of the 
proposers for the discovery of silver Mines in Carolina, desiring 
their Lordships approbation of a person to be sent thither upon 
the request of Captain Moor of that place, for the tryall of Oares, 
was sent into the Board and read. And the said M''. Smith, 
together with M^ Cutler, another of the said Proposers, at the 
same time attending without, the Secretary was directed by the 
Board to acquaint them (and did it accordingly) that their Lord- 



APPENDIX. 453 

ships do not concern themselves nor meddle in what Captain 
Moor desires of them, & what they the said Smith and Cutler 
think fit to do upon his request. 



S. P. 0. Proprieties. Vol. 3, B. T., p. 193. 

W. Thornhurgh to W. Popple. 

21 July, 1699. 
S-., 

I have herewith sent you a sample of our Carolina rice that 
the Rt. Hon. the Lords Commiss". of Trade & Plantations may 
see what a staple the Province of Carolina may be capable of 
furnishing: Europe withall. The Grocers do assure me its better 
than any Foreign Rice by at least 8*. the hundred weight, & wee 
can have it brought home fpr less than 4'. p^ tonn, vv''. is not 
dear. 

As for Pitch & Tar, please to acquaint their Lordships that 
Capt. Man, whom we expect daily from Carolina, brings a con- 
siderable quantity by contract, made before he went hence. After 
his arrival their Lordships shall have a sample of that, & have a 
more particular account of the quantity may be yearly sent home, 
& at what rates from, 

Sir, 

Your most humble Serv*., 

W". Thornburqh. 

Skinner's Hall, July 21^ 1699. 

To W". Popple, Esq. 



To his Excellency John Granville, Esq., Palatine, and to the rest 
of the true and absolute Lords and Proprietors of the Province 
of Carolina. 

The Representation and Address of several of the Members of 
this present Assembly return'd for Colleton County, and other 
the Inhabitants of this Province, whose names are hereunto 
subscribed. 

May it please Your Lordships : 

Altho the miserable Estate-of this Colony, will be sufficiently 
known to Your Lordships, from the relation of John Ash, Esq., 
who is fully instructed by us to remonstrate our Grievances to 
Your Lordships ; yet we think our selves exceedingly bound & 
obliged to lay before you what we think does concern Your Lord- 
ships Honours, and the People's rights and privileges ; For if 
the Question were about matters of small moment, we should be 



454 EARLY HISTORY OF SOUTH CAROLINA. 

ashamed to be importunute, and unwilling to give the least trouble 
to Your Lordships ; but considering that the very Foundation or 
our lawful rights, hath of late been struck at by Persons, who 
have more regard to their private Interest than the publick good, 
we humbly conceive, that it cannot stand witli the Duty we owe to 
our selves as Englishmen, or to our Posterity, to sit do^Mi con- 
tented with less than that which every Liege and Freeborn Sub- 
ject of the Crown of England may, and of right ought to have. 
And, therefore, lest our silence should be prejudicial to so import- 
ant a cause, we humbly crave Your Lordships leave, faithfully 
and impartially to represent to you the great and notorious viola- 
tions & infringements of our Laws and Liberties, under which we 
suffer. 

We shall go no further back, but date the unhappy cause & 
grounds of our Complaints from & immediately after the death of 
the late Governor Blake; For the choice and election of a 
Governor to succeed him being intrusted with Your Lordships, 
Deputys here, that Person amongst your said Deputys, who made 
the strongest Party in the Counsel, did carry the Government by 
perverting the design & breaking thro' the rules and Instructions 
iigreed to by Your Lordships for such election. And this mani- 
festly appeared in the unjust election of the late Governor 3Ioore, 
in prejudice of Landgrave 3Iorton^s title, who (after he was elected 
by a majority of the Council then present) was objected against 
by the said Moore, and excluded only because he had accepted of 
a commission from the King : And as the said Moore acquired & 
obtained the Government of this Province by fraud, flattery & 
trifling exceptions as aforesaid ; so has he endeavoured ever since 
to manage all things by base & indirect methods, & crafty pro- 
jects, which made his Government miserably unfortunate to us all. 
The great personal debts & necessities which the said late Gov^ 
Moore had to struggle with, may well be thought to have put him 
upon, & prompted him to designs to enrich himself at the publick 
peace & welfare : And because these his designs cou'd not possi- 
bly be effected by himself alone, he knew very well that to engage 
the Council to his interest, & to have an Assembly chosen to his 
liking, would be the way effectually to compleat & accomplish his 
ends & purposes : Thereupon 'tis manifest, there being vacancies 
in the Council for Persons fit & worthy to represent Your Lord- 
ships, & Your Lordships, pleasure not being then signified & 
known therein, those very Vacancies were supplied by such 
Persons whom he beforehand knew, & was well satisfied k assur'd 
would be for his use & purposes ; and it's as well known, that the 
Debates and Consultations of the Council have all along been 
carried on, and managed to the ends aforesaid. 

And pursuant to his said design, he did by indirect Practises 
endeavour that such an Assembly might be chosen as would be 
agreeable in their temper and disposition with his designs & reso- 



APPENDIX. -^OD 

lutions : This was to be brought about, tho' the very foundations 
of our English rights and liberties were undermin'd & utterly 
subverted in the attempt. 

I. We therefore in the first place humbly represent to Your 
Lordships, and we do assert and maintain, that it is one of the 
fundamental rights & unquestionable Privileges belonging to 
Enrilish-men, that all Elections of their Representatives to serve 
in Parliament ought to be free & indifferent, without any prayer 
or commandment to the contrary; and that no Alien born out of 
the Allegiance of the Crown of England, unless he be otherwise 
especially qualifyed, ought to elect for, or be elected to serve as a 
Member of Assembly ; all which notwithstanding at the election 
of Members of Assembly to serve for Berkley County made in the 
month of November, 1701, there were several great abuses made 
& comitted against the ancient usages & customs of this Pro- 
vince, & contrary to Law, particularly an Act entitled, An Act 
for regulating 'Elections, &c., & to the great dissatisfaction & 
manifest prejudice of the several Inhabitants of this Province, 
candidates & others. For so it was, may it please Your Lordships, 
that at the said Election, much threat'nings, many intreaties & 
other unjustifiable actions were made use of, & illegal and unquali- 
fy'd votes given in to the Sheriff, & by him receiv'd & returned ; par- 
ticularly the votes of very many unqualify'd Aliens were taken & 
enter'd, the votes of several Members of the Council were fil'd & 
receiv'd, a great number of Servants & poor & indigent persons 
voted promiscuously with their Masters & Creditors, as also 
several free Negroes were receiv'd, & taken for as good Electors as 
the best Freeholders in the Province. So that we leave it with 
Your Lordships to judge, whether admitting Aliens, Strangers, 
Servants, Negroes, &c., as good and qualified Voters, can be 
thought any ways agreeable to King Charles^ Patent to Your 
Lordships, or the English Constitution of Government. 

II. We represent to Your Lordships, that when at the Meeting 
of the Assembly, divers Candidates, by Petition by them exhibited, 
pray'd to be heard against the return of the Sheriff" for Berkly 
County, of the Election aforesaid, & insisted upon their right, & 
that the Sheriff's return was false and illegal ; and the said Assem- 
bly the better and more impartially to inquire into the ill practises 
at the said Election, did first of all resolve to begin upon Privi- 
leges & Elections, that the late Governor Moore, to prevent such 
inquiry, did several times prorogue the said Assembly. 

III. That when the said Assembly were at last suffer'd to sit, - 
the Inquiry and Examination into the Sheriff's return of the last 
Election was obstructed, & industriously prevented, by setting on 
foot an ill laid design of raising Forces to attaque St. Augustine. 

IV. That notwithstanding Your Lordship's repeated commands 
to your Deputies to procure a good regulation of the Indian 
Trade, on which our friendly correspondence with all our Neigh- 



456 EARLY HISTORY OF SOUTH CAROLINA. 

bouring Indians, & the peace & safety of this Colony chiefly 
depends, yet the said late Gov. MoQre has been, by his Artifices, 
the chief (if not the only) occasion of obstructing the same, 
designing nothing less than ingrossing the same for himself & 
accomplices ; having already almost utterly ruin'd the Trade for 
Skins & Furs (whereby we held our chief correspondence with 
England) & turned it into a Trade of Indian catching or Slave- 
making, whereby the Indians to the South & West of us are 
already involv'd in blood & confusion ; a Trade so odious and 
abominable, that every other Colony in America (altho, they have 
equal temptation) abhor to follow. 

V. That the said late Gov^ Moore did grant Commissions to 
Anthony Dodsxvorth, Robert Mackoone & others, to set upon, 
assault, kill, destroy, & take captive as many Indians as they 
possible could, the profit and produce of which Indian Slaves 
were turn'd to his private use ; whereas such Undertakings, unjust 
and barbarous in themselves, will in all probability draw upon us 
an Indian War, with all the dreadful consequences of it. 

VI. We represent to Your Lordships, that the late unfortunate, 
ill contriv'd, & worse managed expedition against St. Augustine 
was principally set on foot by the said late Governor & his Adhe- 
rents ; & that if any Person in the said late Assembly undertook 
to speak against it, & to shew how unfit & unable we were at that 
time for such an attempt, he was presently look'd upon by them 
as an Enemy & Traitor to his Country, & reviled & afi'ronted in 
the said Assembly, altho' the true design of the said Expedition 
was no other than catching and making Slaves of Indians for 
private advantage, and impoverishing the Country. And this will 
plainly appear, when Your Lordships know that Your Country is 
brought more in debt at this time, & upon this occasion, than ever 
since it's first Settlement, if we put all the debts we have owed 
together. And that the Expedition was to enrich themselves will 
appear particularly, because whatsoever Booty, as rich Silks, 
great quantity of Church plate, with a great many other costly 
Church Ornaments & utensils taken by our Soldiers at St. Augus- 
tine, are now detain'd in the possession of the said late Governor 
& his Officers, contrary to an Act of Assembly made, for an equal 
division of the same among the Soldiers. 

VII. That the said late Governor would have had the said 
Expedition against St. Augustine begun and undertaken before 
the War with Si^in was proclaimed here ; & this Avas vehe- 
mently urged by his interest in the said Assembly ; but with much 
ado, being put to the vote, was carried in the Negative. And 
when at last the Expedition was ordered, the management of the 
said late Governor was such in all it's steps, particularly in rela- 
tion to his shameful retreat, & burning the Country's Vessels, 
that we are ashamed to mention the same, till we have a free 
Assembly, before which the matter may be fairly tried, which is 



APPENDIX. 457 

the only thing the said late Governor & his adherents are most 
afraid of. 

VIII. That in the said late Assembly, the Constitutions sent 
by Major Daniel were offer'd for their passing, urg'd with o-reat 
strength of reason for to have them pass'd by M"-. Ash; but^'they 
were opposed by M--. Trott, W. Howes & others, the said Gover- 
nor's Creatures, & several reflecting Words used by the said 
Trott & Howes concerning them, exposing the Constitutions as 
ridiculous and void in themselves; thereby endeavouriu"- (not- 
withstanding Your Lordships care of us) to keep the pe^'ople in 
an unsettled condition, that from time to time they mi"-ht the 
more easily be imposed on by them. ° 

_ IX. That after the People returned from St. Augustine, the 
time for the said Assembly to meet, according to the last Proro- 
gation, was just at hand ; when they met, they went upon the 
Inquiry of the charges the Country had been at in the said Expe- 
dition, and were upon debate for the finding out ways and means 
for the payment of the Country's debts, for securing the Colony 
for the settling of Elections for the future, and for granting as 
much freedom to the French and other Aliens as could be granted 
by the Assembly, or the Fre7ich reasonably expect. A mil for 
the better regulating Elections, passed the lower House twice 
and was sent up to the said Governor & Council, where it was 
rejected without so much as a Conference ; upon which several of 
the Members, jealous of their Privileges, & being so ordered by 
those that sent them, left the House, first entering their Protesta- 
tion, a Copy of which M^ Ash has to shew Your Lordships & to 
which we refer you. 

X. But what we have yet to represent to Your Lords'", makes 
very deep impressions on us, and is not to be thought on by us 
but with the greatest reg-ret & concern. For altho, the Mem- 
bers of the late Assembly, who protested and did leave the House 
as aforesaid (hoping that the next day they might find things in 
better order, and some temperating means found out, which mio-ht 
have given some tolerable assurance of having their Libertvs 
secured; went every one of them to the House on the morrow & 
frankly offer'd to sit longer, if the rest of the Assembly would join 
with them to assert their rights ; but instead of any compliance 
they were abus'd, revil'd, and treated with the most reflectin.^ 
language imaginable, very unbecoming an Assembly. And we 
further represent to Your Lordships, that in a day or two after 
such abuse given to them in the House, several of the said Mem- 
bers, VIZ. : the said John Ash, Esq., Landgrave Thomas Smith, 
and others were assaulted & set upon in the open Street, without 
&nj provocation or affront by them given or offered. The said 
Ihomas Smith was set upon by Lieut. Col. George Dearsbu who 
with his Sword drawn, and the point held at the said Smith's belly 
swore he would kill him, and if he had not been prevented, would 



458 EAPxLY HISTORY OF SOUTH CAROLINA. 

have done the said Smith some considerable mischief, to the endan- 
gering of his life. The said John Ash walking along the Street, 
was assaulted by a rude, drunken, ungovernable rabble, headed, en- 
courged & abetted by the said Dearshy, Thomas Ballon, Nicho- 
las Nary, and other persons Inhabitants who set upon the said 
Ash, used him villanously & barbarously: and that Evening, 
when he the said Ash was retired into a friend's chamber for 
security, the sam.e armed multitude came to the House where the 
said Ash was, & demanded him down, assuring him at the same 
time that they would do him no hurt, but only wanted to discourse 
with him ; upon which assurance he came down to them ; who 
notwithstand-', being encouraged and assisted by Captain Rhett 
& others drew him by force and violence on board his the said 
RhelVs ship, reviling & threat'ning of him as they drag'd him along ; 
and having gotten him. on board the said RheWs ship, they some- 
times told him they would carry him to Jamaica, & at other times 
threatnxl to hang him or leave him on some remote Island. 

XI. That the said late Governor had the same way (immedi- 
ately before the Riot began) treated a great many of the persons 
conserned therein, and used such expressions to them, as gave 
them, next their Drink, the greatest encouragements for what they 
acted, ))y telling them that the Protesting Members would bring 
the people on their Heads for neglecting to pay the Country's 
debts, which if it sh''. happen he knew not who couhl blame them ; 
in the'mean time he thanked them for their close adherence to him 
in all his concerns. And after the riot began (of part of which he 
was an Eye-witness) having first drank with some of them, he with- 
drew himself out of the way, thereby giving them greater encou- 
ragement to proceed in their tumultuous practises, and by example 
and absense discouraging the inferior officers from executing their 
Duty. 

XII. That whilst the said riot continued, which was four or 
five days. Landgrave Edmond Bellinger, who was a Justice of 
the Peace, there being no other to be seen that understood his 
office, went out to suppress & record the aforesaid riot ; but the 
rioters no sooner saw him than they called him all the opprobrious 
Names they could think of, and the said Rhett came up to him & 
struck him over the Head with his cane, & continued beating & 
striking of him for a considerable time, as by the said record here- 
with sent your Lordships will more fully appear. 

XIII. That the said rioters beat and abused M"'. Joseph Boone 
& put him in danger and fear of his life, without any Provocation 
by him given or offered ; & that for four or five days successively, 
& at other times after, the said rioters unusually armed & wea- 
pon'd to the great terror of the people, frightned & terrified per- 
sons, that they were forced to leave the Town, their Att'airs & 
Interests exposed to the mercy of a licentious rabble. 

XIV. That some of the said rioters, whilst the riot was at the 
Church, went one night to the House of John Smith, a Butcher 



APPENDIX. 4(33 

yet by the said Act, all persons who will take an Oath That thcv 
have not received the Sacrau.ent in any Disseuting cl' eltS 
for one year past tho' they have not received it in the CI urd of 
England are made capable of being of the said AssemWy 1.^ 
we take the liberty humbly to inform Your Lordships, That in t^ 
Preambe to he said Act, It is asserted, That by the Lav and 
usage of Eng and all Members of Parliament are obli^^ed o eon 
form to the Church of England, by receiving the Sacraml of " 
Lord s Supper according to the rites of the said Church w h • h 
assertion is notoriously and manifestly false ^^'"'^'i. ^^I'lcli 

Tho,t this Act was passed in an Illegal Manner, by the Governor 
calling the Assembly to meet on the 26<" of Apri( when Tt the, 
be^en rS7w tf' ll ''p" ^'^y J^^^o.lu,, and ^et' this let hh 
bear wl ;? couM p'oP ,^''^-^' I'-'' "^ ^^^"«''^"^' ^'^^<^ '^^^^'^ to 
of above no of ^Lrri^fT^ ''' ^"^^ ''''^'''y '^ ^he Petition 
01 abo^e 170 of the Chief Inhabitants of the said Colony and of 

77u Vxid";' ^^^rf'-"t^ V"'^"« '''''''''' <^ t'-' t'- Common 
whil^th^'^otrr^eje^c"^'^ '''''' ^"^^^^^^^ ^"' '^ ^^-^ ^'' 
That the said Grievances daily increasing, Your Pet^ Josenh 
Boone, is now sent by many Princ:ipal Inhabitl^ntsTTraders of the 

he tiTco'irrtf ''t '"Tf"''^ ''''' dangerous c'lS: 
oi ine saicl Lolony to the Lords Prop■^ thereof but liis linml>i« 

applications to them have hitherto had no effect 

Ihat the ruin of the said Colony would be to the o-reat rli.n.l 
onSV/ •'': ^^^^ «f '^^! Kingd'om, to the appt^n^p e^l^^^^ 
vi 1 ^^^Je«ty'« Customs, & the great benefit of the PreLh who 

the^^JSnble' sS^/;'n?\?' ^'''!^'^^y F'^ ^°"^ ^^^'^^hips to take 
great wisdom shall seem ,4.:^ ^0";^?^^^^^^ 
Ja. Ball, T -n. 

Ste. Mason, ?f.n "'w.^T'^' 

Rt, Ilackshaw, ^Z. ^ ;■ '^' 

Christo. Fowler t AT^^^u^f; 

Thos.Byfeld, ' Tho p"' n'"' 

Renen, ' ^^,°- ^J''']^' . 

Xat. Torriano, SLS^!' 

Dayid Watenbous. 

how?L^r? ""^ ^^' Protestant Dissenters in Carolina, shewing 
hiThe Total SnC-"' ^fr'"«^^^-A>-^"^y there, has ended 
PecoLlenlfto r" '^ '''' Constitution in Church & State. 
ivecommended to the serious consideration of all that are true 



464: EARLY HISTORY OF SOUTH CAROLINA. 

Friends to our present Establishment, 'Mutato nomine, de te 
Tabula narratur. London. Printed in the year l*r06." 

[This pamphlet (so frequently quoted by Oldraixon) was copied 
for me from the British Museum, and is referred to in the text as 
part of this Appendix. Its great length precludes its insertion. 
And, indeed, it affords us very little information that is not found 
in the Representation of the Members of Colleton County, pre- 
viously given, and obtained from the same source.] 



March [?J, 1717. 
To the Kings Most excellent Majesty, 

T!ie humble address of the P^epresentatives and inhabitants of 
South Carolina. 
Most Gracious Sovereign — 

We, your Majesty's most dutiful and loyal subjects, the Repre- 
sentatives and inhabitants of the Province of South Carolina in 
America, out of the extreme gief we are under to see our Country 
still harassed, and our fellow subjects killed and carried away 
by our savage Indian enemies, with the utmost submission, are 
obliged again to intrude on your Majesty more weighty affairs, 
and presume once more to lay before your Majesty the state 
of this, your afflicted colony. 

In our last humble address to your Majesty, we took the liberty 
to inform your Majesty, of the deplorable circumstances we then 
labored under, without any probability of seeing an end to our 
calamities. Our troubles, instead of coming to a period, daily 
increase upon us, and we now see ourselves reduced by these, our 
misfortunes, to such a dismal extremity, that nothing but your 
Majesty's most Royal and gracious protection (under God) can 
preserve us from ruin. Our Indians continue committing so 
many hostilities, and infesting our settlements and plantations to , 
such a degree, that not only those estates which were deserted at 
the breaking out of the war, cannot be resetled, but othei's are 
daily likewise thrown up to the mercy of tl^e enemy, to the 
impoverishment of several numerous families. 

We farther take the liberty to inform your Majesty that not- 
withstanding all these our miseries, the Lords Proprietors of this 
Province, instead of using any endeavors for our relief and assist- 
ance, are pleased to terra all our endeavours to procure your 
Majesty's Royal protection, the business of a faction and party. 
We most humbly assure your Majesty, that it is so far from any 
thing of that nature ; that all the inhabitants of this Province in 
general, are not only convinced that no human power but that of 
your Majesty can protect them, but earnestly and fervently desire, 
that this once flourishing Province, may be added to those under 
your happy protection. 



APPENDIX. 



465 



We have, in our former address to your Majesty, laid before 
you the state of the Colony, so shall not presume to further tire 
your Majesty's Royal patience. We fear we continue to be too 
importunate to your Majesty ; but the end and design of this, our 
loyal address, being no less than that of saving ourselves and 
estates from ruin ; we humbly hope that your Majesty, out of your 
wonted goodness, will be pleased to pardon us for the same. 

We wish your majesty a long and happy reign, and that there 
may never be wantuig one of your royal line to fdl the British 
throne. 

Signed by M^ Speaker, and the rest of the members attending 
the service of the House of Commons. 

Geo. Logan, Speaker. 
Benj. De La Conseillere, 
Charles Hill, 
Jonathan Drake, 
Thomas Waring, 
John Beamor, 
Roger Moore, 
James Cochran. 



David Durham, 
Tho'. Summers, 
Tuo». Lynch, 
Richard Plarris, 
John Godfrey, 
Arthur Hall, 
John AVoodward, 
John Russ, 



Ra. Izard, 
William Gibbon, 
Wa. Izard, 
John Williams, 
Thomas Satur, 
Hugh Hext, 
Richard Butler, 
Tho'. Townsend, 



Signed likewise by the rest of the inhabitants of this Province. 



2E 



LIST OF DOCUMENTS IN APPENDIX. 



PAGE 

List of Papers in State Paper Office, London, relating to South 
Carolina, to the year 1700 313 

Letter from Lords Proprietors to Sir Wm. Berkley, relative ap- 
pointment of Governors, sale of land, etc., September 8, 1663. , . 330 

From Proprietors to Governor and Council at Ashley Kiver, rela- 
tive the supply of Stores to Colonists, with West's commission 
as Governor, etc., May 8, 1674 332 

Some particulars of interesting Manuscripts consulted 334 

Declaration and Proposals from Proprietors to Parties desirous of 
Planting in Carolina, August 25,1663 335 

Instructions from the Proprietors to Sir John Yeamans, Governor 
of South Carolina, giving authority to let and convey lands, etc. 338 

Commission from Proprietors to Governor Saylc, giving power to 
let and convey land, and providing for an appointment of Gover- 
nor by the Council in case of death, and of a deputy by the Gov- 
ernor during his absence, July 26, 1669 340 

Copy of appointment of Deputies by Proprietors, July, 1669 341 

Instructions to Mr. Jos. West respecting sailing of fleet, and rela- 
tive passengers 342 

Commission to Mr. Jos. West as Commander-in-chief, July 27, 1669 342 

Instructions to Mr. West respecting planting Cotton, Indigo, Gin- 
ger, etc., etc., 343 

Instructions to Mr. Johij Rivers respecting Stores 345 

do. to Mr. Henry Braine, on his sailing under Mr. Jos. 
West 345 

Meeting of Proprietors, election, etc., Oct. 21, 1669 346 

do. do. do. Jan. 20, 1669 346 

Instructions from the Proprietors respecting the summoning of the 
Assembly, etc., July 27, 1669 347 

Instructions to Mr. Jos. West respecting Stores 350 

" Temporary Laws" of Proprietors (1671 ?) .' 351 

(467) 



468 LIST OF DOCUMENTS IN APPENDIX. 

Additional " Temporary Laws" 352 

Carolina " Temporary Laws," June 21, 1672 354 

" Agrarian Laws," or Instructions from the Lords Proprietors to 

the Governor and Council of Carolina, June 21, 1672 355 

Instructions to Captain Halstead on his sailing with the Blessing, 

May 1, 1671 359 

Letter to Captain Halstead, with further Instructions, January 

2, 1671-2 363 

Concessions from the Proprietors to certain settlers from Ireland, 

August 31, 1672 365 

Instructions to Governor and Council respecting assembling of Par- 
liament, grants of land to servants, laying out towns, etc., May 

1, 1671 36G 

Instructions to Governor and Council of Carolina, respecting go- 
vernment, etc., Dec. 16, 1671 369 

Extracts from MS. Journals of the Grand Council, from Aug., 

1671, to July, 1672 370 

A Bill of Lading, January 13, 1671 382 

A Partnership Account, March 21, 1671-2 383 

Governor Sayle's Codicil to his Will, April 10, 1671 385 

Extract from Winthrop's History of New England 386 

Instructions to Mr. Andrew Percivall respecting grants of land, 

May 23, 1674 387 

Instructions to the Governor and Council relative to the Indians, 

land grants, etc., May 23, 1674 388 

Order concerning the Trade with the Indians, April 10, 1677 388 

Articles of Agreement between Lords Proprietors, April 10, 1677. 390 
Statement of Account between Proprietors and Colonel West, 

1669-1677 391 

Eeport of the Committee of Trade and Plantations respecting 

French Protestant Eefugees, May 20, 1679 392 

Report of the Committee of Trade and Plantations in reference to 
bringing Carolina, etc., under nearer dependence upon the Crown, 

May 16, 1689 393 

Lords Proprietors to Governor and Council of Ashley River, May 

17, 1680 393 

Letter from Lords Proprietors — Alterations in Fundamental Con- 
stitutions, May 10, 1682 395 

Lords Proprietors to Governor Moreton, November 21, 1682 397 

Lords Proprietors to Governor Moreton, November 21, 1682 398 

Lords Proprietors to Governor Moreton, November 21, 1682 399 

Instructions for granting of Land in Carolina, November 21, 1682. 399 



LIST OF DOCUMENTS IN APPENDIX. 469 

Power to grant Land in Carolina, November 21, 1682 403 

Form of Grant of Land in Carolina, November 21, 1682 404 

Instructions from the Proprietors relative the dissolution of the 

Parliament, etc., September 30, 1683 406 

Letter fi'om " Cardrosse" to the Governor and Council, March 25, 

1684 407 

Another, to Governor Robert Quarry, July 17, 1684 408 

Lords Proprietors to Governor James Colleton, December 2, 16S9. 410 

Lords Proprietors to Governor Colleton, December 2, 1689 411 

Lords Proprietors to Andrew Percivall, October 18, 1690 412 

Lords Proprietors to Grand Council, May 13, 1691 414 

Lords Proprietors to Seth Sothell, May 13, 1691 416 

Address from the Assembly to Right Hon. Seth Sothell, on ASairs 

of the Province 418 

Lords Proprietors to Seth Sothell, May 12, 1691 430 

Representation of Grievances prepared by Assembly, September, 

1692 433 

Lords Proprietors to Governor Ludwell in reference to Laws passed 

by Assembly 435 

Lords Proprietors to Governor and Deputies, rejecting Jury Act, 

relative qualification of Members, and other matters, April 10, 

1693 436 

Proclamation summoning inhabitants of Berkley County to agree 

to number of Representatives, November 30, 1695 439 

Petition of the House of Commons of South Cai'olina to the Lords 

Proprietors relative arrears of Quit-rent 440 

Address and Remonstrance of the members of the House from 

Southwest part of Province 441 

E. RandQi]^:)h to the Lords of Trade relative Duties on Commodities, 

and othjr particulars respecting Colony, March 16, 1688-9 443 

Particulars respecting location of French Protestants in South 

Carolina 4-17 

Copy of Contract to supply Tar and Masts, by Peter Gerard 447 

Edward Randolph to Earl of Bridgewater respecting presumed dis- 
covery of Silver Mines, March 22, 1698-9 447 

Capt. Moore to Mr. Thos. Cutler, on same subject, April 3, 1699.. 450 
Memorial of Thos. Cutler to Lords Commissioners for Trade and 

Plantations, on same subject 451 

Commissioners of Trade and Plantation — meeting — refuse to en- 
tertain Moore's application 452 

Letter from Wm. Thomljurgh to W. Popple, with sample of South 

Carolina Rice, etc., for Commissioners of Trade, July 21, 1699. 453 

40 



470 LIST OF DOCUMENTS IX APPENDIX. 

Eepresentation and Address of several Members from Colleton 
County to the Lords Proprietors, setting forth the grounds of 
their complaints against Governor Moore, his violation of the 
Election Laws, etc., June 26, 1703 453 

Boone's Petition to the Lords Spiritual and Temporal of the United 
Kingdom, respecting the establishment by Moore of an ecclesi- 
astical commission in South Carolina, etc 461 

" Case of the Dissenters" — particulars of Title, and Note 463 

Petition of the Representatives and Inhabitants of South Carolina 
to the King, March (?) 1717 464 



THE END. 



LbJe 14 



NV^^ 






CjV- s ^ ' ■ ' 



v>^^ 



.0'' 



"^._ 









^ .%''%. 



..^^^^ 






v5 -n*- 



,0o. 



■0' 









^^^ 



o.^' 



\' •*- 



^^> ,^^^- 



. o 



s<^ 






A^ 



, ^/. " 3 N ^ <<{. 



■0' 






^ ,s^ 



* ^. 









"00^ 






-.'?> 



A' 



^^.. 

,<^% 









■:^\,o^ 


















X^' ^"..^1^;. ' ^ 






,.^' 



•^00^ 



- . . - ^ ^ 


■''^.. '. .,: c 


^.//*.;o'' / 




c- x" . ^ 


" / ^ i^' 


•<-' 








■^^■% '- 



00^ • 



..^ 



,^^ -^t^ 



oV 



^■^ 






^\ 






^%<^ 
,K^ '^/>., 



v^' .-".*r«^/, -e^. 






X^ '^p 






x'^' .^: 



^,^' 






^^ .^\^^ 



y^ 



\. 



A"' ^ 



.%^> 



,''^*.._/J^^ s' 



^'^^ 



A 



.^\^ . 



./'^ 



'bo^ 



.^:^ 







:€ 
- % 



f> * <^ 












.'f 









cS 



,•0' 









-^^ 



-0^ 



<<>. .-^' 






^. A^ 






"<^ v-^' 



,:^^' '^ 






o 






-^ -^^ 






<iO^ 





'^^., . 
^e-. 





